PEOPLE, etc., res, v. Andrew Denton, ap — Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Nassau County, rendered August 21, 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 denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth (1) the appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) 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.BALKIN, J.P., AUSTIN, SGROI and BRATHWAITE NELSON, JJ., concur.By Balkin, J.P.; Austin, Sgroi and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Dominick R. Alborez, ap — Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Nassau County, rendered July 17, 2015, 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 denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth (1) the appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) 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.BALKIN, J.P., AUSTIN, SGROI and BRATHWAITE NELSON, JJ., concur.By Balkin, J.P.; Austin, Sgroi and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Christian Forero, ap — Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Nassau County, rendered November 16, 2016, 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 denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth (1) the appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) 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.BALKIN, J.P., AUSTIN, SGROI and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Chambers, Roman and Iannacci, JJ.Karen Montanaro ap, v. Mykola Rudchyk, res — Motion by the appellants to enjoin the respondent from trespassing on or altering in any manner the area of land in dispute, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated January 18, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted and the respondents are enjoined from trespassing on or altering in any manner the area of land in dispute, pending hearing and determination of the appeal on condition that the appellants perfect the appeal on or before April 4, 2018, and post an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Richmond County, in a sum to be fixed by the Supreme Court, Richmond County, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondent if it is ultimately determined that the respondent sustained a loss due to the injunction; and it is further,ORDERED that the matter is remitted to the Supreme Court, Richmond County, to fix the amount of the undertaking in accordance herewith; the appellant shall file the undertaking within 15 days after service upon it of a copy of the order of the Supreme Court, Richmond County, fixing the amount thereof; and it is further,ORDERED that in the event the appeal is not perfected on or before April 4, 2018, or the undertaking is not posted in accordance with this decision and order on motion, the Court, on its own motion, may vacate the injunction, without further notice, or the respondent may move to vacate the injunction, on three days notice.RIVERA, J.P., CHAMBERS, ROMAN and IANNACCI, JJ., concur.By Scheinkman, P.J.; Leventhal, Miller and Brathwaite Nelson, JJ.MATTER of Christina Araya, res, v. Richard S. Monzone, ap — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated February 15, 2018, in the above-entitled matter, on appeals from two orders of the Family Court, Nassau County, dated August 4, 2017, and October 10, 2017, respectively, is amended by deleting from the second paragraph thereof the words “no papers having been filed in opposition or in relation thereto” and substituting therefor the words “the papers filed in opposition thereto.”SCHEINKMAN, P.J., LEVENTHAL, MILLER and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Pedro Pena, res, v. Rosa Tiburcio, ap — Appeal by Rosa Tiburcio from an order of the Family Court, Queens County, dated May 6, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the child to serve and file a brief on the appeal is enlarged until March 29, 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 Dillon, J.P.; Leventhal, Miller and Maltese, JJ.Joycelyn Doxerie, res, v. Irvin B. Anderson, ap — Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated December 14, 2017, pending hearing and determination of an appeal therefrom.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 enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 4, 2018; and it is further,ORDERED that in the event the appeal is not perfected on or before April 4, 2018, 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.DILLON, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.By Scheinkman, P.J.; Cohen, Duffy and Iannacci, JJ.Franco Belli Plumbing and Heating and Sons, Inc., res, v. Charles A. Dimino, et al., ap — Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated March 2, 2016, and May 25, 2016, respectively.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeals.SCHEINKMAN, P.J., COHEN, DUFFY and IANNACCI, JJ., concur.By Scheinkman, P.J.; Cohen, Duffy and Iannacci, JJ.Horio Realty Corp. plf-res, v. Hunts Point Flower Market, Inc. def-res, Elton Heri, ap, TJ & P, nonparty-res — 2018-01605Horio Realty Corp. respondents,v Hunts Point Flower Market, Inc.defendants, Elton Heri, appellant.(Index No. 1466/15) Horio Realty Corp. plaintiffs,v Hunts Point Flower Market, Inc.defendants.(Index No. 1466/15) Motion by Elton Heri, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated December 8, 2017, to stay Horio Realty Corp. and Thomas Tzintzelis from selling, transferring, leasing, mortgaging, or otherwise encumbering the subject premises, and to stay enforcement of an order of the same court dated December 21, 2017, pending hearing and determination of appeals from those orders and an order of the same court dated June 9, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is for leave to appeal to this Court from the order dated December 8, 2017, is denied without prejudice to filing a timely notice of appeal (see CPLR 5513, 5514); and it is further,ORDERED that the branch of the motion which is to stay Horio Realty Corp. and Thomas Tzintzelis from selling, transferring, leasing, mortgaging, or otherwise encumbering the subject premises, and to stay enforcement of the order dated December 21, 2017, is granted, and Horio Realty Corp. and Thomas Tzintzelis are stayed from selling, transferring, leasing, mortgaging, or otherwise encumbering the subject premises, located at 8607 18th Avenue, Brooklyn, New York, and enforcement of the order dated December 21, 2017, is stayed, pending hearing and determination of the appeals from the orders dated June 9, 2017, and December 21, 2017, on condition that the appeals from the orders dated June 9, 2017, and December 21, 2017, are perfected on or before April 5, 2018; and it is further,ORDERED that in the event the appeals from the orders dated June 9, 2017, and December 21, 2017, are not perfected on or before April 5, 2018, the Court, on its own motion, may vacate the stay, without further notice, or Horio Realty Corp. and Thomas Tzintzelis may move to vacate the stay, on three days notice; and it is further,ORDERED that the motion is otherwise denied.SCHEINKMAN, P.J., COHEN, DUFFY and IANNACCI, JJ., concur.By Scheinkman, P.J.; Cohen, Duffy and Iannacci, JJ.Christopher J. Menekou, etc., plf-res, v. Our Lady of Consolation Nursing Home, appellant; Kerri Ann Zeiris, etc., nonparty-res — Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated August 3, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.SCHEINKMAN, P.J., COHEN, DUFFY and IANNACCI, JJ., concur.By Leventhal, J.P.; Miller, Barros and Connolly, JJ.PEOPLE, etc., res, v. Harpreet Singh, ap — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated September 1, 2017, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:Appeal by Harpreet Singh from an order of the Supreme Court, Queens County, dated July 11, 2016. By order to show cause dated March 7, 2017, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated July 11, 2016, was not appealable as of right and leave to appeal had not been granted.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal is denied in light of the decision, order and certificate of this Court dated August 17, 2017, which granted leave to appeal to this Court from the order dated July 11, 2016.LEVENTHAL, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Victoria B. (Anonymous). Westchester County Department of Social Services, petitioner-res, Jonathan M. (Anonymous), res-ap, et al., res — Appeal by Jonathan M. from an order of the Family Court, Westchester County, dated August 30, 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 March 30, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Thomas A. Ledbetter, res, v. Woodlyne Singer, ap — V-4865-15) — Appeal by Woodlyne Singer from an order of the Family Court, Kings County, dated August 10, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the children to serve and file a brief on the appeal is enlarged until April 2, 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 Austin, J.P.; Roman, Miller and Connolly, JJ.Deutsche Bank National Trust Company, etc., res, v. Simeon Broomes, ap, et al., def — Motion by the appellant on appeals from an order of the Supreme Court, Kings County, dated April 6, 2016, and a judgment of the same court dated March 3, 2017, inter alia, to stay enforcement of the judgment and to stay the sale of the subject premises, pending hearing and determination of the appeals, and, in effect, to consolidate the appeals, to deem the appellant’s appendix and appellant’s brief filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental appellant’s appendix containing the judgment and the notice of appeal from the judgment.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is, in effect, to consolidate the appeals, to deem the appellant’s appendix and appellant’s brief filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental appellant’s appendix containing the judgment and the notice of appeal from the judgment is granted, and the appellant shall serve and file the supplemental appellant’s appendix containing the judgment and the notice of appeal from the judgment on or before March 26, 2018; and it is further,ORDERED that the motion is otherwise denied; and it is further,ORDERED that on the Court’s own motion, the respondent’s time to serve and file a brief is enlarged until April 25, 2018, and the respondent’s brief, if any, shall be served and filed on or before that date.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Scheinkman, P.J.MATTER of Karin Wolf, ap, v. Edward Crane, res — V-12570-17/17A) — Appeal by Karin Wolf from an order of the Family Court, Westchester County, dated November 8, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Joy S. Joseph, Esq., dated February 1, 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:Maria Joy Frank, Esq.2648 Windmill DriveYorktown, Heights, NY 10598914-962-5802and 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 19, 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 children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the 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 children, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any or orders issued pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Behdad David Moradi, res, v. Nadia Noorani, ap — Appeal by Nadia Noorani from an order of the Family Court, Westchester County, dated June 23, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on February 27, 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 Aliyah P. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-res, William L. (Anonymous), res-res — Appeal by William L. from an order of the Family Court, Dutchess County, dated August 18, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on February 27, 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 appeal shall be served and filed.By Balkin, J.P.; Leventhal, Hinds-Radix and Maltese, JJ.PEOPLE, etc., ex rel. Jordan Wells, on behalf of Susai Francis, pet, v. Vincent F. DeMarco, etc., res — Motion by National Immigrant Justice Center, David Baluarte, Eduardo R.C. Capulong, Michael J. Churgin, Kate Evans, Cesar Cuauhtemoc Garcia Hernandez, Denise Gilman, Tanya Maria Golash-Boza, Geoffrey A. Hoffman, Alan Hyde, Ulysses Jaen, Ramzi Kassem, Elizabeth Keyes, Ira J. Kurzban, Annie Lai, Christopher N. Lasch, Beth Lynon, M. Isabel Medina, Vanessa Merton, Jason Parkin, Huyen Pham, Karen Pita Loor, William P. Quigley, Sarah Rogerson, Victor Romero, Ruben G. Rumbaut, Erica B. Schommer, Christian Sundquist, Maureen A. Sweeney, David B. Thronson, Mary Pat Treuthart, Yolanda Vazquez, Robin Walker Sterling, Richard A. Wilson, Stephen Wizner, Mark E. Wojcik, for leave to serve and file an amici curiae brief in a proceeding for a writ of habeas corpus.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 amici curiae brief must be served on the parties, and nine copies filed in this Court, on or before March 19, 2018; and it is further,ORDERED that no oral argument by the amici curiae is permitted; and it is further,ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 10 days after service upon them of the amici curiae brief.BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.MATTER of Karla Alonso, res, v. Sharod Perdue, ap — Appeal by Sharod Perdue from an order of the Family Court, Queens County, dated March 3, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until March 23, 2018.MATTER of Baby Boy R. (Anonymous), a/k/a Miguel R. (Anonymous). SCO Family Services, petitioner-res, Diana R. (Anonymous), a/k/a Diana L. (Anonymous), res-res — Appeal by Diana R., a/k/a Diana L., from an order of the Family Court, Queens County, dated December 19, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the child to serve and file a brief on the appeal is enlarged until April 4, 2018.By Austin, J.P.; Roman, Miller and Connolly, JJ.MATTER of Jamel N. A. (Anonymous). Administration for Childrens Services, petitioner- res, Nijer S. J. (Anonymous), respondent- ap — Motion by the petitioner-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Kings County, dated July 19, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the petitioner-respondent’s time to serve and file a brief is enlarged until April 4, 2018, and the petitioner-respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Austin, J.P.; Roman, Miller and Connolly, JJ.Naeco S. Harris, ap, v. Deanna Young, res — Motion by the respondent to enlarge the record on an appeal from an order of the Supreme Court, Suffolk County, dated July 19, 2016, to include the report of Alan J. Zimmerman dated December 5, 2013. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the matter is remitted to the Supreme Court, Suffolk County, to report on whether that court considered the report of Alan J. Zimmerman dated December 5, 2013, in connection with the motion that was determined by the order dated July 19, 2016; the Supreme Court, Suffolk County, shall file its report to this Court with all convenient speed; and it is further,ORDERED that the motion and the application are held in abeyance in the interim.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Austin, J.P.; Roman, Miller and Connolly, JJ.PEOPLE, etc., res, v. Raul M. Plaza, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered November 3, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Thomas N. N. Angell, Esq.Public 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.Yoel Goldenberg, etc., ap, v. Capital One National Association, res — 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, Kings County, dated May 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, the respondent’s time to serve and file a brief is enlarged until April 4, 2018, and the respondent’s brief shall be served and filed on or before that date.By Austin, J.P.; Roman, Miller and Connolly, JJ.MATTER of Lisa Ann Hopkins, res, v. Simon Hopkins, ap — Motion by the appellant pro se for leave to prosecute appeals from three orders of the Family Court, Westchester County, two dated August 30, 2017, and one dated October 6, 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 branch of the motion which is for leave to prosecute the appeals on the original papers is denied as unnecessary (see Family Ct Act §1116), and 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 branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this decision and order on motion; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days of the date of this decision and order on motion, the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeals; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeals; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4), above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Austin, J.P.; Roman, Miller and Connolly, JJ.Steven Oteri, res, v. Lawrence N. Berwitz, etc. ap, et al., def — Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated August 22, 2016, inter alia, pursuant to Judiciary Law §§750 and 753 to hold the respondent in contempt for violating an order of the same court dated November 2, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is dismissed, without prejudice to renew, upon proper papers in accordance with Judiciary Law §756; and it is further,ORDERED that on the Court’s own motion, the appellants’ time to serve and file a reply brief is enlarged until March 19, 2018, and the reply brief shall be served and filed on or before that date.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Scheinkman, P.J.; Leventhal, Maltese and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Donte Pace, ap — Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Westchester County, rendered October 4, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth (1) the appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) 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, and (3) whether the appellant was on bail before conviction, and, if so, the amount and source of the bail money, and if bail was the appellant’s own money, what happened to the same after conviction.SCHEINKMAN, P.J., LEVENTHAL, MALTESE and BRATHWAITE NELSON, JJ., concur.By Rivera, J.PEOPLE, etc., plf, v. Nicco Plowden, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Kings County, datedJuly 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 Rivera, J.PEOPLE, etc., plf, v. Joseph Rovinsky, 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, Suffolk County, dated October 5, 2017, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Nino C. (Anonymous), Jr. Administration for Childrens Services, petitioner-res, Nino C. (Anonymous), et al., respondents-ap — (Proceeding No. 1)MATTER of Giavanna C. (Anonymous). Administration for Childrens Services, petitioner-res, Nino C. (Anonymous), et al., respondents-ap — (Proceeding No. 2)MATTER of Jonathan D. (Anonymous). Administration for Childrens Services, petitioner-res, Nino C. (Anonymous), et al., respondents-ap — (Proceeding No. 3)MATTER of Amanda H. (Anonymous). Administration for Childrens Services, petitioner-res, Nino C. (Anonymous), et al., respondents-ap — (Proceeding No. 4) N-1705-14, N-1704-14) — Appeals by Annmarie D., and separate appeals by Nino C., from three orders of the Family Court, Richmond County, all dated April 3, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the children Jonathan D. and Amanda H. to serve and file a brief on the appeals is enlarged until April 2, 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.PEOPLE, etc., plf, v. Paul White, 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, Suffolk County, dated October 16, 2017, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Rivera, J.PEOPLE, etc., plf, v. Marc Douglas, 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, Westchester County, dated September 8, 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 Rivera, J.PEOPLE, etc., plf, v. Eugene Graves, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Kings County, dated October 19, 2017, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Rivera, J.PEOPLE, etc., plf, v. Tyrone Haywood, 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, Westchester County, dated June 29, 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 Rivera, J.PEOPLE, etc., plf, v. Jose Rodriguez, 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 6, 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.PEOPLE, etc., res, v. Takim Newson, ap — Motion by the respondent pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from a decision and order of this Court dated November 8, 2017, which affirmed a judgment of the Supreme Court, Queens County, rendered September 26, 2013.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,ORDERED that the motion is denied.By Austin, J.P.; Roman, Miller and Connolly, JJ.Beverley Walker, res, v. Ian M. Miner, ap — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 4, 2017, on the ground that the appellant’s appendix is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental appellant’s appendix containing certain material or direct the appellant to pay the respondent’s costs incurred in filing a respondent’s appendix, to enlarge the time to serve and file a brief, and for leave to file a cross appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent’s time to serve and file a brief is enlarged until April 4, 2018, and the respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that the motion is otherwise denied.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Austin, J.P.; Roman, Miller and Connolly, JJ.Wells Fargo Bank, N.A., res, v. Timothy M. Rooney, ap, et al., def — Motion by the respondent to strike the record on appeals from an order of the Supreme Court, Dutchess County, dated April 4, 2016, and a judgment of the same court also dated April 4, 2016, on the ground that it is inadequate and contains matter dehors the record, to strike the appellant’s brief on the ground that it refers to matter dehors the record, and to enlarge the time to serve and file a brief.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 strike the record is granted to the extent that on or before March 27, 2018, the appellant shall remove pages 65 through 85 and 275 through 284 from the copies of the record filed with the Clerk of the Court and serve and file a supplemental record containing the three orders of the Supreme Court, Dutchess County, all dated April 15, 2013, which were annexed to the affidavit of Timothy M. Rooney dated November 5, 2015, affirmation of Barry Weiss dated December 7, 2015, with annexed exhibits, notice of cross motion for judgment of foreclosure and sale dated November 25, 2015, with annexed affirmation and exhibits, reply affidavit of Timothy M. Rooney dated January 4, 2016; and it is further,ORDERED that the branch of the motion which is to strike the appellant’s brief is granted to the extent that on or before March 27, 2018, the appellant shall delete references to the material on pages 65 through 85 and 275 through 284 of the record; and it is further,ORDERED that the branch of the motion which is to enlarge the respondent’s time to serve and file a brief is granted, the respondent’s time to serve and file a brief is enlarged until April 26, 2018, and the respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that the motion is otherwise denied.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.MATTER of Daiyah D. F. F. (Anonymous). Graham Windham Services to Families and Children, petitioner-res, Darren S. (Anonymous), res-res — Appeal by Darren S. from an order of the Family Court, Kings County, dated April 10, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the child to serve and file a brief on the appeal is enlarged until April 5, 2018.By Austin, J.P.; Roman, Miller and Connolly, JJ.MATTER of Matthew Longo res, v. Chaloea Williams, ap — Motion by the appellant, in effect, for a reconstruction hearing on an appeal from an order of the Supreme Court, Kings County, dated March 22, 2017, and to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is, in effect, for a reconstruction hearing is denied without prejudice to renew upon proper papers specifying the documents which are missing from the court file; and it is further,ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted and the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing a brief on the appeal is enlarged until April 19, 2018.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Austin, J.P.; Roman, Miller and Connolly, JJ.MATTER of Ralph Hall, ap, v. Green Haven Correctional Facility, res — Motion by the appellant for leave to prosecute an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated September 7, 2017, as a poor person.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the branches of the motion which are to waive payment of the filing fee and for free transcripts are denied; and it is further,ORDERED that on the Court’s own motion, the appellant’s time to perfect the appeal is enlarged until May 16, 2018, and upon payment of the filing fee the briefs submitted to the Clerk of the Court will be accepted for filing and the Clerk of this Court or her designee will subpoena the original papers constituting the record to be filed with the Clerk of this Court; and it is further,ORDERED that on the Court’s own motion, the respondent’s time to serve and file a brief is enlarged until June 18, 2018, and the respondent’s brief shall be served and filed on or before that date.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Austin, J.P.; Roman, Miller and Connolly, JJ.Xin Fang Xia, ap, v. Laura Saft, res — Motion by the appellant to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Kings County, dated October 14, 2016, and January 6, 2017, respectively.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellant’s time to serve and file a reply brief is enlarged until March 19, 2018, and the reply brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Austin, J.P.; Roman, Miller and Connolly, JJ.Morgan Stanley Mortgage Capital Holdings, LLC, etc., res, v. Franshara Hunter, ap, et al., def — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered May 9, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is enlarged until May 4, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Austin, J.P.; Roman, Miller and Connolly, JJ.HSBC Bank USA, N.A., etc., res, v. Kirk Williams, appellant def — Motion by the appellant to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Queens County, both dated March 31, 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 appellant’s time to serve and file a reply brief is enlarged until March 22, 2018, and the reply brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Austin, J.P.; Roman, Miller and Connolly, JJ.MATTER of State of New York, res, v. Marcello A. (Anonymous), ap — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated January 23, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is enlarged until April 9, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Austin, J.P.; Roman, Miller and Connolly, JJ.HSBC Bank USA, National Association, res, v. Solange Assouline, ap, et al., def — Motion by the appellant to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, entered August 12, 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 appellant’s time to serve and file a reply brief is enlarged until March 22, 2018, and the reply brief shall be served and filed on or before that date.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Austin, J.P.; Roman, Miller and Connolly, JJ.PEOPLE, etc., res, v. Vishwa Nabi, ap — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered April 2, 2015.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 4, 2018, and the respondent’s brief shall be served and filed on or before that date.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Austin, J.P.; Roman, Miller and Connolly, JJ.PEOPLE, etc., res, v. Brian Chambers, ap — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Richmond County, rendered August 22, 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 March 22, 2018, and the respondent’s brief shall be served and filed on or before that date.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.Warren Seaman res, v. Good Samaritan Hospital Medical Center, et al., appellants def — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 17, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Joseph Citro res, v. Laura E. Simeone, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 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 marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Joyce Bartok res, v. Edge Auto Rental def, Ghost Robot, ap — Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 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 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.PEOPLE, etc., res, v. John Brickhouse, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered July 26, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Pat Bonanno & Associates, P.C.175 Main Street, Suite 507White Plains, NY 10601914-948-5545and 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., ex rel. Malvin Paige, res, v. Superintendent, Fishkill Correctional Facility ap — Appeal from a judgment of the Supreme Court, Dutchess County, dated August 8, 2017.On the Court’s own motion, it isORDERED that the order on application of this Court entitled “[i]n the Matter of Applications for Extensions of Time,” dated February 27, 2018, is amended by deleting from the “Extended Deadline” entry concerning the above-entitled matter the date “March 22, 2018,” and substituting therefor the date “April 23, 2018.”SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Ashley Luiso, res, v. New York Presbyterian Hospital et al., def, Carl Stokes, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Westchester County, dated July 10, 2017, and July 31, 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, the appellant’s time to serve and file a reply brief is enlarged, and the reply brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.By Mastro, J.P.; Chambers, Sgroi and Cohen, JJ.Elayne Altman ap, v. Stephanie Soohoo, etc. res — 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, Queens County, entered November 9, 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.MASTRO, J.P., CHAMBERS, SGROI and COHEN, JJ., concur.
