By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Melissa Straight, ap, v. Donovan Schrouter, respodent. — Appeal by Melissa Straight from an order of the Family Court, Kings County, dated March 12, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Patrick R. Garcia, dated April 10, 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:Marion C. Perry8232 18th AvenueBrooklyn, NY 11214347-674-8716and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before May 16, 2018, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either(1) the appellant is interested in prosecuting the appeal, or(2) the appellant is not interested in prosecuting the appeal, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any or orders issued pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Roman, J.P.; Sgroi, Connolly and Christopher, JJ.Rolando Faistman, ap, v. Sabrina Faistman, res — 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, Kings County, dated February 27, 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 denied.ROMAN, J.P., SGROI, CONNOLLY and CHRISTOPHER, JJ., concur.By Roman, J.P.; Cohen, Miller and Maltese, JJ.Bank of America, N.A., res, v. Maria Venzal, appellant def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated November 21, 2017, on the ground that no appeal lies from an order entered upon the default of the appealing party, and for an award of costs.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 dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,ORDERED that the motion is otherwise denied.ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Roman, J.P.; Cohen, Miller and Maltese, JJ.Stephen C. Silverberg ap, v. Bank of New York Mellon, etc. res — Motion by the appellants for leave to serve and file a replacement reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated August 3, 2015.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Rivera, J.P.; Dillon, Duffy and Iannacci, JJ.MATTER of State of New York, petitioner- res, v. Anthony B. (Anonymous), res-res — Motion by the respondent-appellant on an appeal from an order of the Supreme Court, Queens County, dated March 1, 2016, inter alia, in effect, to vacate a decision and order on motion of this Court dated March 30, 2018, which, among other things, remitted this matter to the Supreme Court, Queens County, for the purpose of conducting a Frye hearing (see Frye v. United States, 293 F. 1013).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., DILLON, DUFFY and IANNACCI, JJ., concur.By Mastro, J.P.; Roman, Sgroi and Cohen, JJ.Jeffrey Amster, res, v. Gary Kromer ap — Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered November 20, 2015, which was determined by decision and order of this Court dated January 31, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.MASTRO, J.P., ROMAN, SGROI and COHEN, JJ., concur.MATTER of Gavin G. (Anonymous). Administration for Childrens Services, petitioner-res, Carla G. (Anonymous), res-res — Appeal by Carla G. from an order of the Family Court, Queens County, dated January 24, 2018. The appellant’s brief was filed in the office of the Clerk of this Court on April 24, 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.MATTER of Alana H. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-res, Javier H. (Anonymous), res-res — (Proceeding No. 1)MATTER of Sophia H. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-res, Javier H. (Anonymous), res-res — (Proceeding No. 2) — Appeal by Javier H. from an order of the Family Court, Dutchess County, dated August 31, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on April 25, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this , the briefs for the respondent and the attorney for the children in the above-entitled appeal shall be served and filed.MATTER of Chloe-Elizabeth A. T. (Anonymous). Administration for Childrens Services, petitioner- res, Albert T. (Anonymous, respondent- appellant res — Appeal by Albert T. from an order of the Family Court, Kings County, dated June 16, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the child to serve and file a brief on the appeal is enlarged until May 29, 2018.MATTER of Eric Jaimes, ap, v. Magdalena Gyerko, res — V-3286-17/17D, V-3286-17/17E) — Appeal by Eric Jaimes 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 April 26, 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 .By Scheinkman, P.J.; Rivera, Chambers and Lasalle, JJ.Sharon Wynter, plaintiff-appellant plf, v. City of New York res, Delroy Slater, etc. def-ap — Motion by the defendants-appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Richmond County, dated February 8, 2018.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before May 31, 2018; and it is further,ORDERED that in the event the appeals are not perfected on or before May 31, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.SCHEINKMAN, P.J., RIVERA, CHAMBERS and LASALLE, JJ., concur.By Scheinkman, P.J.; Rivera, Chambers and Lasalle, JJ.Right Aid Medical Supply Corp., etc., plf, v. MVAIC, def — (Appellate Term Docket No. 2017-5KC; Civil Court Index No. 37552/15) — Motion by Right Aid Medical Supply Corp. for leave to appeal to this Court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated August 18, 2017, which denied its motion to vacate an order of the same court dated May 22, 2017, dismissing an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 12, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.SCHEINKMAN, P.J., RIVERA, CHAMBERS and LASALLE, JJ., concur.By Roman, J.P.; Cohen, Miller and Maltese, JJ.Citimortgage, Inc., res, v. Harriet Aycock-West, ap, et al., def — Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered April 10, 2017. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and the 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 application is denied; and it is further,ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Roman, J.P.; Cohen, Miller and Maltese, JJ.MATTER of Margaret McArdle, deceased. Joan Booker, petitioner-res, Margaret A. Stankevich respondents- ap — (File No. 2041A/15) — Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate’s Court, Suffolk County, dated July 14, 2017. By order to show cause dated February 20, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the respondents-appellants are not aggrieved by the order dated July 14, 2017.Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,ORDERED that the application is denied as academic.ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Mastro, J.P.; Balkin, Hinds-Radix and Iannacci, JJ.MATTER of Glen Campbell, ap, v. Department of Corrections & Community Services, res — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated December 12, 2017, as a poor person and for the assignment of counsel.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,ORDERED that on the Court’s own motion, the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing a brief on the appeal is enlarged until July 2, 2018.MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.By Mastro, J.P.; Balkin, Hinds-Radix and Iannacci, JJ.PEOPLE, etc., res, v. Sean Faircloth, ap — Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the County Court, Dutchess County, rendered October 21, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.By Mastro, J.P.; Balkin, Hinds-Radix and Iannacci, JJ.PEOPLE, etc., res, v. Reginald Ross, ap — Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the County Court, Suffolk County, rendered April 24, 2015, to include the minutes of certain proceedings in another action.Upon the papers filed in support of the motion and the papers filed in opposition thereto; it isORDERED that the motion is denied.MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.By Mastro, J.P.; Balkin, Hinds-Radix and Iannacci, JJ.PEOPLE, etc., res, v. Juan Mejia, ap — Motion by the appellant pro se for leave to serve and file an appendix to his supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered June 10, 2013.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied.MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.By Mastro, J.P.; Balkin, Hinds-Radix and Iannacci, JJ.Esdee Alpha, LLC, res, v. Corey Smith ap, et al., def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated April 10, 2017, for failure to timely perfect.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.By Scheinkman, P.J.; Chambers, Duffy and Lasalle, JJ.MATTER of Brian O. Rudy, Jr., res, v. Maryann Rudy, ap — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Orange County, dated March 5, 2018, as a poor person and for the assignment of counsel.Upon the papers filed in support of the motion and no papers having been filed in 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 denied as unnecessary (see Family Ct Act §1116), and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this decision and order on motion; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days of the date of this decision and order on motion, the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4), above has been taken within 30 days of the date of this decision and order on motion, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.SCHEINKMAN, P.J., CHAMBERS, DUFFY and LASALLE, JJ., concur.By Mastro, J.P.; Balkin, Hinds-Radix and Iannacci, JJ.U.S. Bank National Association, plf-res, v. Achyut M. Tope, ap — Geeta A. Joshi – Tope defendants-respondents — Motion by the plaintiff-respondent to dismiss an appeal from an unsigned order to show cause of the Family Court, Suffolk County, filed August 10, 2017, on the ground that no appeal lies from an unsigned order to show cause.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 2219, 5701).MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.By Roman, J.P.; Cohen, Miller and Maltese, JJ.PEOPLE, res, v. Ramon Lopez, ap — Motion by the appellant’s assigned counsel on an appeal from an order of the Supreme Court, Kings County, dated August 3, 2016, in effect, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel. By order to show cause dated March 19, 2018, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant had abandoned the appeal, and assigned counsel’s motion was held in abeyance in the interim.Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel’s motion and the papers filed in relation thereto, it isORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,ORDERED that assigned counsel’s motion is granted.ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Mastro, J.P.; Balkin, Hinds-Radix and Iannacci, JJ.Wells Fargo Bank, N.A., res, v. Michelle Latouche ap, et al., res — Motion by the appellants to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated January 30, 2017, and January 17, 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 dismissed for failure to provide proof of service of the motion in accordance with the terms of the order to show cause.MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.By Scheinkman, P.J.; Chambers, Duffy and Lasalle, JJ.Matt Pinski, res, v. Santoren, Inc., def, Tomas Leszczynski, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, dated October 25, 2017, as a poor person. Separate motion by the appellant pro se for the assignment of counsel. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.Upon the papers filed in support of the motions and the application, and no papers having been filed in opposition or in relation thereto, it isORDERED that the motions are denied; and it is further,ORDERED that the application is granted, the appellant’s time to perfect the appeal is enlarged until July 2, 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., CHAMBERS, DUFFY and LASALLE, JJ., concur.By Austin, J.PEOPLE, etc., plf, v. Atiq Weston, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the County Court, Orange County, dated October 12, 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 of The State of New York, Second Judicial Department, Roman, J.P.; Cohen, Miller and Maltese, JJ.PEOPLE, etc., res, v. Adriano Morillo, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered October 2, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition 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.ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Scheinkman, P.J.; Chambers, Duffy and Lasalle, JJ.PEOPLE, res, v. Kwok Sze, ap — Motion by the appellant’s assigned counsel on an appeal from an order of the Supreme Court, Westchester County, dated May 10, 2016, in effect, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel. By order to show cause dated March 19, 2018, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant had abandoned the appeal, and assigned counsel’s motion was held in abeyance in the interim.Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of assigned counsel’s motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,ORDERED that assigned counsel’s motion is granted.SCHEINKMAN, P.J., CHAMBERS, DUFFY and LASALLE, JJ., concur.By Scheinkman, P.J.; Chambers, Duffy and Lasalle, JJ.Deutsche Bank National Trust Co., etc., res, v. Michael Montalvo, ap, et al., def — Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Suffolk County, both dated July 24, 2017, for failure to timely perfect.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeals are dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).SCHEINKMAN, P.J., CHAMBERS, DUFFY and LASALLE, JJ., concur.By Leventhal, J.P.; Austin, Duffy and Barros, JJ.Alvin Chioma Vanessa Ogar, ap, v. Mabatho Lucia Matima, res — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 2, 2017, as untimely taken.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.LEVENTHAL, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.By Roman, J.P.; Cohen, Miller and Maltese, JJ.PEOPLE, etc., res, v. Robert Maffei, ap — Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 1, 2008.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.ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Mastro, J.P.; Dillon, Connolly and Iannacci, JJ.Town of Hempstead, ap, v. Long Beach RD Realty, LLC res — Motion by the appellant to enlarge the record on an appeal from an order of the Supreme Court, Nassau County, dated February 21, 2017, of a certain zoning map.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.MASTRO, J.P., DILLON, CONNOLLY and IANNACCI, JJ., concur.By Leventhal, J.P.; Austin, Duffy and Barros, JJ.PEOPLE, res, v. Elvis Torres, ap — Motion by the appellant’s assigned counsel on an appeal from an order of the County Court, Suffolk County, dated July 28, 2017, to be relieved on the ground that no appeal lies from an order issued upon the consent of the appealing party. By order to show cause dated March 19, 2018, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from an order issued upon the consent of the appealing party and the motion by assigned counsel was held in abeyance in the interim.Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of assigned counsel’s motion and the papers filed in relation thereto, it isORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,ORDERED that assigned counsel’s motion is granted.LEVENTHAL, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.By Mastro, J.P.; Dillon, Connolly and Iannacci, JJ.Christina Selvaggio, plf, v. Larry Mansour, def — Motion by Christina Selvaggio for leave to appeal to this Court from an order of the Supreme Court, Richmond County, dated April 11, 2018, and to stay the trial in the above-entitled action, pending hearing and determination of 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 motion is dismissed for failure to provide proof of service of the motion in accordance with the terms of the order to show cause.MASTRO, J.P., DILLON, CONNOLLY and IANNACCI, JJ., concur.By Mastro, J.P.; Dillon, Connolly and Iannacci, JJ.Nazema Amerally, res, v. Liberty King Produce, Inc., etc., ap — 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, Queens County, entered September 18, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.MASTRO, J.P., DILLON, CONNOLLY and IANNACCI, JJ., concur.By Mastro, J.P.; Dillon, Connolly and Iannacci, JJ.K. M., ap, v. C. M., res — Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated February 13, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that on the Court’s own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,ORDERED that the motion is denied.MASTRO, J.P., DILLON, CONNOLLY and IANNACCI, JJ., concur.By Mastro, J.P.; Dillon, Connolly and Iannacci, JJ.714 Elmont Road Realty Corp. ap, v. Yousef Habibian, etc. respondents def — Motion by 714 Elmont Road Realty Corp. and S & R Auto Care Center, Inc., for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated March 23, 2018, and, inter alia, to stay certain proceedings in the Nassau County District Court, Landlord-Tenant Part, pending hearing and determination of the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,ORDERED that on the Court’s own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,ORDERED that the motion is otherwise denied as academic.MASTRO, J.P., DILLON, CONNOLLY and IANNACCI, JJ., concur.By Mastro, J.P.; Dillon, Connolly and Iannacci, JJ.Bigfoot Media Properties, LLC, ap, v. Cushman Int, LLC res — Motion by the appellant to reinstate a notice of pendency filed in connection with the above-entitled action and to direct that Russell A. Fayer retain in escrow the down payment in the sum of $200,000, including accrued interest, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated March 21, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted to the extent that enforcement of the order dated March 21, 2018, is stayed and Russell A. Fayer shall retain in escrow the down payment in the sum of $200,000, including accrued interest, pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 1, 2018, and the motion is otherwise denied; and it is further,ORDERED that in the event the appeal is not perfected on or before June 1, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.MASTRO, J.P., DILLON, CONNOLLY and IANNACCI, JJ., concur.By Scheinkman, P.J.; Rivera, Chambers and Lasalle, JJ.Amos Financial, LLC, appellant-res, v. Noya 23, LLC, res-ap, Square Table, Inc., respondent def — Motion by the appellant-respondent, inter alia, to stay the sale of the subject premises, pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated August 2, 2017. Cross motion by the respondent-appellant and the respondent, inter alia, for an award of costs and an attorney’s fee.Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it isORDERED that the motion is granted to the extent that the sale or conveyance of the subject premises, located at 820 East 8th Street, Brooklyn, NY, Block 6495, lot 36, is stayed pending hearing and determination of the appeal and cross appeal, and the motion is otherwise denied; and it is further,ORDERED that the cross motion is denied.SCHEINKMAN, P.J., RIVERA, CHAMBERS and LASALLE, JJ., concur.Mary Dicarlo, etc., ap, v. Danielle F. Teranzo-Lucarello, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 4, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Nationstar, res, v. Amatus Cherry, ap, Midland Funding NCC-2 Corp., et al., def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 26, 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.Cheryl M. Valencia, res, v. Voutsinas Enterprises, Inc. et al., ap — Application by the appellant Nathaniel Castro to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 11, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal by the appellant Nathaniel Castro is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Bank of America, NA, res, v. James Barnes, ap, Kimberly Barnes def — Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 20, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.John D. McCrudden, etc. ap, v. RGI Properties, Inc. res — Applications by the appellants to withdraw appeals from four orders of the Supreme Court, Westchester County, all dated October 30, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the applications are granted and the appeals are marked withdrawn.Velma Sauls, plf-res, v. Parisi Bay Street, LLC, def-res, Western Beef, Inc., etc., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated January 11, 2018.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Tsewang N. Sherpalama ap, v. Natural Markets Restaurant Corp., etc., et al., res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 31, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.MATTER of Kaplan, deceased. Robert Kaplan, petitioner-res, Lee Kaplan objectants-ap — (File No. 556/02) — Application by the objectants-appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 22, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.City of White Plains, res, v. Hartford Insurance Company, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 2, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.MATTER of Thomas Wright, ap, v. New York State Department of Corrections and Community Supervision, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated September 25, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Mastro, J.P.; Dillon, Connolly and Iannacci, JJ.Bashian & Farber, LLP ap, v. Richard Syms res — Motion by the appellants to stay Ruth Merns and William Raveis Real Estate Agency, or anyone acting on their behalf, from depleting, encumbering, gifting, selling, or transferring the subject premises, or, alternatively, to direct that the net proceeds of any sale of the subject premises be held in escrow, and to stay all proceedings in the above-entitled action, pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, dated May 18, 2017, and September 15, 2017, respectively, and to direct William Raveis Real Estate Agency to disclose its file relating to the contract of sale and pending sale of the subject premises.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted to the extent that all proceedings in the above-entitled action are stayed, and the sale or transfer of the subject premises, located at 199 North Salem Road, Lewisboro, New York, to anyone other than Christopher Iannuzzi pursuant to the contract of sale dated September 28, 2017, is stayed, and the net proceeds of the sale of the subject premises (after payment of customary closing costs such as taxes and broker’s fees) to Christopher Iannuzzi pursuant to the contract of sale dated September 28, 2017, shall be placed in escrow, pending hearing and determination of the appeals, and the motion is otherwise denied; and it is further,ORDERED that the net proceeds shall be held in the escrow account of the attorney who represents Ruth Merns at the closing for the sale of the subject premises, and if Ruth Merns is not represented by an attorney at the closing, then the net proceeds shall be held in the escrow account of the appellants’ attorney; and it is further,ORDERED that Ruth Merns shall give the appellants at least 48 hours notice of the date, time, and location of the closing, and shall provide the name of the attorney who will be representing her at the closing or advise the appellants that no attorney is representing her at the closing, by email at [email protected], J.P., DILLON, CONNOLLY and IANNACCI, JJ., concur.Simon Gershon, etc. plf-res, v. Dimitruy Elkin, etc. defendants- res, Long Island Living Center, LLC, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 15, 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.Huo Jin res, v. 40-12 Main Street, LLC, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 4, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.MATTER of Nicholas H. Fedder, deceased. Wilbank Lee, etc., petitioner-appellant-res, Michelle Fedder respondents-respondents-ap — (File No. 365365/11) — Application by the petitioner-appellant-respondent to withdraw an appeal from an order of the Surrogate’s Court, Nassau County, dated September 20, 2016.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.MATTER of Nicholas H. Fedder, deceased. Milbank Lee, petitioner-appellant; Michelle Fedder, res-res — (File No. 365365/11) — Application by the petitioner-appellant to withdraw an appeal from an order of the Surrogate’s Court, Nassau County, dated December 1, 2016.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Jorge Sarmiento plf-res, v. Russell J. Bonker ap, Tomy v. Joseph, def-res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 23, 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.Jorge Sarmiento plf-res, v. Russell J. Bonker ap, Tomy v. Joseph, def-res — Application by the appellants from two orders of the Supreme Court, Westchester County, dated January 23, 2017, and July 11, 2017, respectively, to withdraw the appeal from the order dated July 11, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal from the order dated July 11, 2017, is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Marty Holley, res, v. Centrome, Inc. def, Phoenix Aromas & Essential Oils Holdings, LLC, etc. ap — Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 2, 2018.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Denice Antwine, etc., res, v. Yonkers Board of Education, ap, et al., def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 3, 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.Henry Abelesz, ap, v. Volf Krasilovskiy res — Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 2, 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.Mary D. Wagner, plf-res, v. Waterview Realty Corp., of Freeport, def-res, Incorporated Village of New York, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 7, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.HSBC Bank USA, etc., res, v. Harold P. Brown ap, et al., def — Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 28, 2016.Upon the stipulation of the attorneys for the respective parties to the appeal dated April 26, 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.Block 3592, LLC, res-ap, v. Bare Krcista appellants-res — Application by the respondent-appellant on appeals and a cross appeal from an order of the Supreme Court, Richmond County, dated February 22, 2018, and a judgment of the same court entered February 23, 2018, to withdraw the cross appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the cross appeal is marked withdrawn.Debra Petruzzi res, v. Harold Rice ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 23, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Victor Rodriguez, ap — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated April 27, 2018, in the above-entitled matter, on an appeal from a judgment of the Supreme Court, Kings County, rendered January 10, 2018, is amended by deleting from the caption thereof the Indictment No. “9332/15″ and substituting therefor the Indictment No. “4810/17.”SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Roman, J.P.Gil Zohar, res-ap, v. Allen L. LaRock appellants-res — ORDERED that the decision and order on motion of this Court dated April 27, 2018, in the above-entitled matter, on appeals from three orders of the Supreme Court, Nassau County, entered June 20, 2016, July 27, 2016, and March 30, 2017, respectively, and a cross appeal from the order entered June 20, 2016, 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.”ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Leventhal, J.P.; Austin, Duffy and Barros, JJ.MATTER of Zhuo Hong Zheng, res, v. Hsin Cheng, ap — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated May 1, 2018, in the above-referenced appeals is recalled and vacated, and the following decision and order on motion is substituted therefor:Motion by the respondent pro se on appeals from two orders of the Family Court, Kings County, dated April 3, 2017, and July 12, 2017, respectively, for poor person relief and 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 denied.LEVENTHAL, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.
