Appellate DivisionSecond DepartmentMotion List released on:February 8, 2018By Scheinkman, P.J.; Leventhal, Barros and Brathwaite Nelson, JJ.Federal Deposit Insurance Corporation, res, v. Charlene R. Thompson, appellant def — Motion by the appellant, in effect, to deem the notice of appeal from two orders of the Supreme Court, Nassau County, dated November 16, 2016, and November 17, 2016, respectively, to be a premature notice of appeal from a judgment of the same court entered November 16, 2017, to deem the record and appellant’s brief filed in connection with the appeals from the orders to be filed in connection with the appeal from the judgment, for leave to serve and file a supplemental record containing the judgment, and to stay enforcement of the judgment, as well as the sale, auction, or transfer of the subject premises, pending hearing and determination of the appeal from the judgment. Separate motion by the respondent to enlarge the time to serve and file a brief.Upon the papers filed in support of the appellant’s motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent’s motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the appellant’s motion is granted; and it is further,ORDERED that the notice of appeal from the orders dated November 16, 2016, and November 17, 2016, is deemed to be a premature notice of appeal from the judgment entered November 16, 2017, the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2017-02271, the caption is amended to reflect the caption as set forth in the judgment, the record and appellant’s brief filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, and on or before February 28, 2018, the appellant shall correct the covers of the record and appellant’s brief filed with the Clerk of the Court to reflect the proper caption, and shall serve and file a supplemental record containing the judgment; and it is further,ORDERED that enforcement of the judgment, as well as the sale, auction, or transfer of the subject premises, are stayed, pending hearing and determination of the appeal from the judgment; and it is further,ORDERED that the respondent’s motion is granted, the respondent’s time to serve and file a brief is enlarged until March 30, 2018, and the respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., LEVENTHAL, BARROS and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Carlos Perez-Rodriguez, ap — On the Court’s own motion, it isORDERED that the decisions and orders on motion of this Court dated January 6, 2017, October 31, 2017, and January 8, 2018, respectively, in the above-entitled matter, on an appeal from a judgment of the Supreme Court, Kings County, rendered January 30, 2013, are amended by deleting from the first paragraph thereof the words “County Court, Queens County,” and substituting therefor the words “Supreme Court, Kings County.”SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Adrianna Feery, ap, v. Kevin J. Fuery, res — Appeal by Adrianna Feery from an order of the Family Court, Dutchess County, dated November 24, 2017. By order on certification of this Court dated January 26, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Carol Kahn, Esq.225 Broadway, Suite 1510New York, NY 10007212-227-0206By letter dated February 1, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcripts has not been received, an affidavit or affirmation stating that the order on certification of this Court dated January 26, 2018, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.By Dillon, J.P.; Austin, Sgroi and Barros, JJ.Brian Jonas ap, v. Solstice Residential Group, LLC res, et al., def — The plaintiffs having appealed to this Court from an order of the Supreme Court, Kings County, dated February 22, 2017, the plaintiffs having perfected the appeal on June 6, 2017, the defendant Solstice Residential Group, LLC, having filed a respondent’s brief on June 30, 2017, the defendant Zerline Goodman having filed a respondent’s brief on July 11, 2017, and the reply brief having been filed on October 3, 2017, the matter was placed on this Court’s calendar for November 28, 2017. On November 20, 2017, counsel for the appellants notified this Court for the first time that the case had been settled. By stipulation dated November 27, 2017, the parties withdrew the appeal. By order to show cause dated December 6, 2017, the parties or their counsel were directed to show cause before this Court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties or their counsel pursuant to 22 NYCRR 670.2(g) as this Court deemed appropriate.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that within 20 days of service upon him of a copy of this decision and order on motion, Richard Pertz, counsel for the appellants, is directed to pay a sanction in the sum of $500 to the Lawyers’ Fund for Client Protection of the State of New York; and it is further,ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, Melito & Adolfsen, P.C., counsel for the respondent Solstice Residential Group, LLC, is directed to pay a sanction in the sum of $500 to the Lawyers’ Fund for Client Protection of the State of New York; and it is further,ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, Winget, Spadafora & Schwartzberg, LLP, counsel for the respondent Zerline Goodman, is directed to pay a sanction in the sum of $500 to the Lawyers’ Fund for Client Protection of the State of New York; and it is further,ORDERED that the Clerk of this Court, or her designee, is directed to serve each counsel with a copy of this decision and order on motion; and it is further,ORDERED that within 10 days after payment of their respective sanctions, counsel shall each file proof of payment of its sanction with the Clerk of this Court.Section 670.2(g) of the rules of this Court provides, in relevant part, that “[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court,” and “[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct” (22 NYCRR 670.2[g]). Here, counsel for the appellants and counsels for the respondents failed to notify this Court that the action had been settled and the appeal had been rendered academic prior to the date that the appeal was placed on the calendar. Thus, under the circumstances, sanctions in the amounts set forth above are warranted.DILLON, J.P., AUSTIN, SGROI and BARROS, JJ., concur.By Balkin, J.P.; Chambers, Duffy and Lasalle, JJ.Matthew E. Andrews Agency, Inc., ap, v. Michael Dokianos, respondent def — Motion by Matthew E. Andrews Agency, Inc., for leave to appeal to this Court from so much of an order of the Supreme Court, Nassau County, dated August 17, 2017, as directed an inquest on the issue of damages on the counterclaim in the above-entitled action, and to stay the inquest, pending hearing and determination of the appeal.Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the portion of the order at issue is appealable as of right (see CPLR 5701); and it is further,ORDERED that the branch of the motion which is to stay the inquest on the issue of damages on the counterclaim in the above-entitled action is denied.BALKIN, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.By Dillon, J.P.; Austin, Sgroi and Barros, JJ.Brian Jonas ap, v. Solstice Residential Group, LLC def, Michael Mager res — The plaintiffs having appealed to this Court from an order of the Supreme Court, Kings County, dated July 13, 2016, the plaintiffs having perfected the appeal on March 15, 2017, and the defendants Michael Mager and Shauna Mager having filed a respondents’ brief on April 4, 2017, and the reply brief having been filed on May 8, 2017, the matter was placed on this Court’s calendar for November 28, 2017. On November 20, 2017, counsel for the appellants notified this Court for the first time that the case had been settled. By stipulation dated November 27, 2017, the parties withdrew the appeal. By order to show cause dated December 6, 2017, the parties or their counsel were directed to show cause before this Court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties or their counsel pursuant to 22 NYCRR 670.2(g) as this Court deemed appropriate.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that within 20 days of service upon him of a copy of this decision and order on motion, Richard Pertz, counsel for the appellants, is directed to pay a sanction in the sum of $500 to the Lawyers’ Fund for Client Protection of the State of New York; and it is further,ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, Morvillo LLP, counsel for the respondents is directed to pay a sanction in the sum of $500 to the Lawyers’ Fund for Client Protection of the State of New York; and it is further,ORDERED that the Clerk of this Court, or her designee, is directed to serve each counsel with a copy of this decision and order on motion; and it is further,ORDERED that within 10 days after payment of their respective sanctions, counsel shall each file proof of payment of its sanction with the Clerk of this Court.Section 670.2(g) of the rules of this Court provides, in relevant part, that “[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court,” and “[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct” (22 NYCRR 670.2[g]). Here, counsel for the appellants and counsel for the respondents failed to notify this Court that the action had been settled and the appeal had been rendered academic prior to the date that the appeal was placed on the calendar. Thus, under the circumstances, sanctions in the amounts set forth above are warranted.DILLON, J.P., AUSTIN, SGROI and BARROS, JJ., concur.MATTER of Jasiah T.-V. S. J. (Anonymous). Heart Share Human Services of New York, Roman Catholic Diocese of Brooklyn, petitioner- appellant-res, Joshua W. (Anonymous), res-res, Shatesse J. (Anonymous), respondent-res-res — Appeal by Heart Share Human Services of New York, Roman Catholic Diocese of Brooklyn, and cross appeal by Shatesse J., from an order of the Family Court, Kings County, dated June 5, 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 and cross appeal is enlarged until March 7, 2018.By Scheinkman, P.J.; Leventhal, Barros and Brathwaite Nelson, JJ.Vista Engineering Corporation ap, v. Everest Indemnity Insurance Company, res, et al., def — Motion by the appellants for leave to serve and file a replacement brief on an appeal from an order of the Supreme Court, Queens County, entered February 6, 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 to the extent that on or before February 22, 2018, the appellants may serve and file a supplemental brief solely addressing issues raised by Carlson v. American Intl. Group, Inc. (30 NY3d 288), not to exceed 10 pages in length, and the motion is otherwise denied; and it is further,ORDERED that the respondent may serve and file a supplemental brief, on or before March 8, 2018, solely addressing issues raised in the appellants’ supplemental brief, not to exceed 10 pages in length; 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 23, 2018, and the reply brief shall be served and filed on or before that date.SCHEINKMAN, P.J., LEVENTHAL, BARROS and BRATHWAITE NELSON, JJ., concur.Dutch Wilson, res, v. Mickeys Rides N More, Inc. ap, et al., def — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time to perfect an appeal from an order of the Supreme Court, Richmond County, dated May 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 to the extent that the appellants’ time to perfect the appeal is enlarged until February 28, 2018, the record or appendix on the appeal and the appellants’ brief shall be served and filed on or before that date, and the application is otherwise denied.One West Bank, FSB, res, v. Robert Valderrama ap, et al., def — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time to serve and file a brief on appeals from an order of the Supreme Court, Nassau County, dated September 29, 2016, and a judgment of the same court also dated September 29, 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 to the extent that the respondent’s time to serve and file a brief is enlarged until March 5, 2018, the respondent’s brief shall be served and filed on or before that date, and the application is otherwise denied.Long Island University, appellant-res, v. TJN Corp. res, Excelsior Insurance Company, res-res — Application pursuant to 22 NYCRR 670.8(d)(2) for a 45-day enlargement of time to perfect an appeal and a cross appeal from an order of the Supreme Court, Queens 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 to the extent that the appellant-respondent’s time to perfect the appeal is enlarged until March 8, 2018, the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent’s brief shall be served and filed on or before that date and the application is otherwise denied; and it is further,ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).By Balkin, J.P.; Chambers, Duffy and Lasalle, JJ.Wells Fargo Bank, N.A., res, v. Taslima Akter, appellant def — Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, entered October 6, 2017, pending hearing and determination of an appeal therefrom.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.BALKIN, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.By Mastro, J.P.; Dillon, Maltese and Iannacci, JJ.Polina Coriat, plf-res, v. Frank Miller ap, 2205 Ave. U, Corp. def-res, et al., def — 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, Kings County, dated July 13, 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, MALTESE and IANNACCI, JJ., concur.By Mastro, J.P.; Dillon, Maltese and Iannacci, JJ.Robert Lugo, ap, v. Larissa Torres, res — Motion by the appellant to stay enforcement of a decision of the Supreme Court, Westchester County (IDV Part), entered December 20, 2017, pending hearing and determination of an appeal therefrom.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that on the Court’s own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Co., 100 AD2d 509); and it is further,ORDERED that the motion is denied.MASTRO, J.P., DILLON, MALTESE and IANNACCI, JJ., concur.Frady Zeidman, res, v. Natan Zeidman, ap — Appeal by Natan Zeidman from a judgment of the Supreme Court, Kings County, dated April 21, 2017. On February 4, 2018, the appellant notified the Court that the transcripts for those portions of the appeal which concern issues other than custody and visitation in the above-entitled appeal had been received. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that within 60 days of the date of this order, the appellant shall serve and file a brief with respect to those portions of the appeal which concern issues other than custody or visitation, or submit an affidavit or an affirmation withdrawing those portions of the appeal; and it is further,ORDERED that the appellant is directed to provide copies of the transcripts for those portions of the appeal which concern issues other than custody and visitation to all of the other parties to the appeal, including the attorney for the child, if any, when the appellant’s brief is served upon those parties; and it is further,ORDERED that if those portions of the appeal which concern issues other than custody and visitation have not been perfected or withdrawn within 60 days of the date of this order, the Clerk of this Court may issue an order to all parties to the appeal to show cause why those portions of the appeal which concern issues other than custody and visitation should or should not be dismissed.By Roman, J.P.; Sgroi, Connolly and Christopher, JJ.PEOPLE, etc., res, v. Nicole Kane, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered October 12, 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.ROMAN, J.P., SGROI, CONNOLLY and CHRISTOPHER, JJ., concur.Oxford Health Plans (NY), Inc. ap, v. Biomed Pharmaceuticals, Inc., res — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) for an enlargement of time until March 9, 2018, to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated February 16, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted to the extent that the appellants’ time to serve and file a reply brief is enlarged until February 15, 2018, the reply brief shall be served and filed on or before that date, and the application is otherwise denied.By Roman, J.P.; Sgroi, Connolly and Christopher, JJ.PEOPLE, res, v. Philip S. Hunter, ap — Motion by the appellant for leave to prosecute an appeal from an order of the County Court, Dutchess County, dated October 11, 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 as a poor person is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing held in connection with the order dated October 11, 2017, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant’s counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that the branch of the motion which is to assign counsel is granted and pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute theappeal:Neal D. Futerfas, Esq.50 Main Street, Suite 1000White Plains, NY 10606and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with or considered by the trial court in connection with the appellant’s risk level determination, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that the filing fee is waived (see CPLR 1102[d]); and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.ROMAN, J.P., SGROI, CONNOLLY and CHRISTOPHER, JJ., concur.126 Henry Street, Inc., etc., res, v. Betty Cater, ap — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) for a 30-day enlargement of time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, entered June 19, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted to the extent that the respondent’s time to serve and file a brief is enlarged until February 15, 2018, the respondent’s brief shall be served and filed on or before that date, and the application is otherwise denied.By Roman, J.P.; Lasalle, Connolly and Christopher, JJ.PEOPLE, etc., res, v. Rahjon Morrow, ap — Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered October 18, 2016, and for the assignment of new counsel. The appellant’s motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on February 27, 2017, and the following named attorney was assigned as counsel to prosecute the appeal:Thomas J. Butler, Esq.P.O. Box 665Melville, NY 11747Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Leslie W. Rubin, Esq.40 Woodbine CourtFloral Park, NY 11001and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant’s sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.ROMAN, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Zhahaya A. Dockery, res, v. Latif S. Reid-OGarro, ap — Appeals by Latif S. Reid-O’Garro from two orders of the Family Court, Dutchess County, both dated May 23, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeals is enlarged until March 5, 2018; and it is furtherORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Save Harrison, Inc., ap, v. Town/Village of Harrison, NY res — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time to serve and file a reply brief on appeals from an order of the Supreme Court, Nassau County, entered February 10, 2017, and a judgment of the same court dated March 30, 2017.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is granted to the extent that the appellants’ time to serve and file a reply brief is enlarged until February 20, 2018, the reply brief shall be served and filed on or before that date, and the application is otherwise denied.By Dillon, J.P.; Austin, Miller and Hinds-Radix, JJ.PEOPLE, res, v. John Torres, ap — Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated August 11, 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 appeal as a poor person is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing held in connection with the order dated August 11, 2017, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant’s counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that the branch of the motion which is to assign counsel is granted and pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute theappeal:Paul Skip Laisure, Esq.Appellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with or considered by the trial court in connection with the appellant’s risk level determination, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that the filing fee is waived (see CPLR 1102[d]); and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.DILLON, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.U.S. Bank National Association, etc., res, v. Muthiah Saravanan, appellant def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated January 30, 2015.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.Clifton Graves res, v. 784 St. Johns, Inc., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 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.Karen Issokson-Silver, etc., plf-res, v. Ian Lustbader def, Kenneth Hymes, etc. def-res, Gerald Bailey, etc., et al., ap — Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 14, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated January 22, 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.Tina M. Vizzini, etc., plf-res, v. Gina Vizzini-Oswald, etc., ap, Charles Joseph Vizzini, etc., def-res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 12, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Emma Massari, appellant-res, v. Michael Massari, res-res — Application by the respondent-appellant on an appeal and a cross appeal from an order of the Supreme Court, Westchester County, dated July 6, 2017, for leave to withdraw the cross appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the cross appeal is marked withdrawn.Winston Flowers, res, v. Park Avenue Building & Roofing Supplies, LLC ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 27, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Jesus Funes, res, v. Downstate at LICH Holding Company, Inc., ap — Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 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.Frank Granati, res, v. New York City Department of Parks and Recreation, et al., appellants def — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens 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 marked withdrawn.PNC Bank, etc., res, v. Rivka Hurwitz, appellant def — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 13, 2017.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is granted, the appellant’s time to perfect the appeal is enlarged until March 22, 2018, the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.By Chambers, Duffy and Lasalle, JJ.PEOPLE, etc., res, v. Mathew H. Martinez, ap — Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 24, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Paul Skip Laisure, Esq.Appellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.BALKIN, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.By Balkin, J.P.; Chambers, Duffy and Lasalle, JJ.PEOPLE, etc., res, v. Richard A. Tanner, ap — (S.C.I. No. 58S/17) — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered May 11, 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.BALKIN, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.By Mastro, J.P.; Dillon, Maltese and Iannacci, JJ.PEOPLE, etc., res, v. Eduardo Najera, ap — Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the County Court, Rockland County, rendered August 29, 2017, and for the assignment of new counsel. The appellant’s motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on December 11, 2017, and the following named attorney was assigned as counsel to prosecute the appeal:James LicataOffice of the Public Defender11 New Hempstead RoadNew City, New York 10956-3664Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Mark Diamond, Esq.Box 287356Yorkville StationNew York, NY 10128and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant’s sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.MASTRO, J.P., DILLON, MALTESE and IANNACCI, JJ., concur.By Mastro, J.P.; Dillon, Maltese and Iannacci, JJ.PEOPLE, etc., res, v. Brian Wolfe, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered October 2, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: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.MASTRO, J.P., DILLON, MALTESE and IANNACCI, JJ., concur.Thomas Constantino ap, v. Perma-Ceram of Westchester, Inc. respondents def — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Putnam County, dated August 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.By Leventhal, J.P.; Cohen, Miller and Maltese, JJ.Partners for Payment Relief DE II, LLC, res, v. Alfredo Holder et al., appellants def — Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 22, 2015.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.LEVENTHAL, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Rivera, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.Associated Food Stores, Inc. ap, v. Bushwick Dream Corp., et al., res — Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 21, 2015.Upon the stipulation of the attorneys for the respective parties to the appeal dated January 30, 2018, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.RIVERA, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.Jose Lamas, appellant-res, v. East Coast Drilling, Inc. def, Pavarini McGovern, LLC res, All Safe, LLC, res-res — Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 28, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Patrick Williams, etc., ap, v. North Shore LIJ Health System res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 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.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Cynthia Tuttle, etc., plf-res, v. Village of Tarrytown def-res, Abbott & Price, Inc., appellant def — Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 27, 2016.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Leventhal, Miller and Brathwaite Nelson, JJ.E & D Group, LLC, res, v. Theodore Vialet, ap — Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 13, 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., LEVENTHAL, MILLER and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Todd Ruffalo, ap, v. Pella Windows & Doors res — Appeal by Todd Ruffalo from an oral decision of the Supreme Court, Westchester County, issued August 29, 2017.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v. J. A. Green Constr. Corp., 100 AD2d 509).SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Leventhal, Miller and Brathwaite Nelson, JJ.MATTER of Margaret ONeill, ap, v. William K. McLoughlin, res — Appeal by Margaret O’Neill from an order of the Family Court, Richmond County, dated April 10, 2017. By order to show cause dated January 9, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a decision and order on motion of this Court dated November 13, 2017, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this Court dated November 13, 2017, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).SCHEINKMAN, P.J., LEVENTHAL, MILLER and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Miller, JJ.MATTER of Steven A. Morelli, admitted as Steven Anthony Morelli, a disbarred attorney. (Attorney Registration No. 1786599) — Steven A. Morelli, an attorney and counselor-at-law, was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 17, 1982, under the name Steven Anthony Morelli. By opinion and order of this Court dated August 23, 2017, Mr. Morelli was disbarred, effective April 17, 2017, and his name was stricken from the roll of attorneys and counselors-at-law, based upon his conviction of a felony.Now, upon the Court’s own motion and pursuant to 22 NYCRR 1240.21(a), it isORDERED that Cynthia A. Holfester, 12 Circle Way, Sea Cliff, NY 11579, is hereby appointed as inventory attorney (1) to take custody of and inventory the files of Steven A. Morelli, admitted as Steven Anthony Morelli, including any original wills, (2) to take custody of and safeguard the records of any business, escrow, trust, or special bank accounts of Mr. Morelli, (3) to receive, open, and read mail addressed to Mr. Morelli at his regular place of business, and (4) to take such action as is deemed proper and advisable to protect the interests of the clients of Mr. Morelli.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and MILLER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Todd Ruffalo, ap, v. Thomas R. Christensen respondents def — Appeal by Todd Ruffalo from an oral decision of the Supreme Court, Westchester County, issued August 29, 2017.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v. J. A. Green Constr. Corp., 100 AD2d 509).SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Applications for Extensions of Time — Parties in the following causes have filed applications pursuant to 22 NYCRR 670.8(d)(2) to extend the time to perfect or to serve and file a brief.Upon the papers filed in support of the applications, it isORDERED that the applications are granted and the following parties in the following causes are granted the specified extensions of time:Title Docket NumberApplicant Name(s) Extended Deadline21st Mortgage Corporation v. Combs2017-08919Lois CombsApril 10, 2018Bank of America v. Alrasheed2017-06604Bank of AmericaMarch 7, 2018Citimortgage, Inc. v. Brausch2017-09605 +1Daniel BrauschApril 27, 2018Cohen v. Cohen2017-06077Idit CohenFebruary 13, 2018Doscher v. Meyer2017-06305Michael J. DevereauxMarch 7, 2018Flushing Savings Bank v. Rosas Realty Corp.2017-08961Rosa BurdiezEvaristo Burdiez, Sr.March 8, 2018Glickberg v. Glickberg2017-09432Howard GlickbergApril 9, 2018Goldsmith v. Kipnis2017-09101Paulette GoldsmithRobert GoldsmithApril 16, 2018Javich v. Sullivan2017-09299Ella JavichAlex JavichApril 16, 2018Lattimore v. Thackurdeen2018-00198Beverly LattimoreMarch 7, 2018Lawlor v. Torchmark Corporation 2017-09219Janine LawlorMartin LawlorApril 9, 2018Matter of Brenhouse, deceased2017-09322Howard E. BermanApril 16, 2018Matter of Francis, deceased2017-05426Wells Fargo Bank, N.A.February 20, 2018Matter of Gagedeen v. Ponte2017-07245Kristofer GagedeenMarch 12, 2018Matter of Rising Tide Fuel, LLC v. Nassau County Fire Commission 2017-09336Rising Tide Fuel, LLCMarch 15, 2018Matter of State of New York v. L. (Anonymous)2017-02202Roderick L. February 26, 2018Matter of Morull Trust2017-09210Jacob UllmanApril 10, 2018Matter of Morull Trust2017-09211Jacob UllmanApril 10, 2018Nationstar Mortgage, LLC v. Brignol2017-05943Marie Jose BrignolFebruary 23, 2018Nationstar Mortgage, LLC v. Dorsin2017-07971Jean Dorsin February 23, 2018People of State of New York v. Trotter, Guy R.2014-07784Guy R. TrotterFebruary 14, 2018People v. Caputo, Vincent 2015-09329People of State of New York February 20, 2018People v. Gonsalves, David2016-03706People of State of New York February 16, 2018U.S. Bank National Association v. Brown2017-08431Vernetta C. BrownMarch 20, 2018U.S. Bank, National Association v. Gadson2017-03568Dave KnottMichael KnottFebruary 26, 2018Wells Fargo Bank v. Meisels2017-07916Chaim M. MeiselsBoard of Directors Congregation Khal Binyan David D’IhelMarch 8, 2018Wells Fargo Bank, N.A. v. Kircher2017-09559 +1Kevin G. MeeApril 18, 2018Wells Fargo Bank, N.A. v. Mans2017-05184Wells Fargo Bank, N.A.March 5, 2018Wells Fargo Bank, NA v. Moxey2017-03554 +1Kenneth Moxey February 22, 2018By Scheinkman, P.J.MATTER of Thomas R. Kehoe, res, v. Tamara S. Kehoe, ap — O-2222-16) — On the Court’s own motion, it isORDERED that the order on certification of this Court dated January 31, 2018, in the above-entitled matter, on an appeal from an order of the Family Court, Orange County, dated October 6, 2017, is amended by deleting from second decretal paragraph thereof the name “Tamara S. Kehoe” and substituting therefor the name “Adam Paltrowitz.”SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Second Judicial Department, Scheinkman, P.J.; Rivera, Dillon, Balkin, and Chambers, JJ.MATTER of Kaiden M. L. (Anonymous). Westchester County Department of Social Services, petitioner-res, KDaya R. (Anonymous), res-res — On the Court’s own motion, it isORDERED that the order on certification of this Court dated February 7, 2018, in the above-entitled case is recalled and vacated, and the following order on certification is substituted therefor:Appeal by K’Daya R. from an order of the Family Court, Westchester County, dated January 10, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of David M. Rosoff, Esq., dated January 31, 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:David M. Rosoff, Esq.c/o Carton & Rosoff, P.C.150 Grand Street, Suite 305White Plains, NY 10601ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that assigned counsel shall serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this order; and it is further,ORDERED that within 30 days after the date of this order, the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcripts have been received, and indicating the date received; or(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.SCHEINKMAN, P.J., RIVERA, DILLON, BALKIN and CHAMBERS, JJ., concur.
