2015-2978 Q C. ACTION POTENTIAL CHIROPRACTIC, PLLC v. GEICO INS. CO. — Motion by respondent to dismiss as moot an appeal from an order of the Civil Court of the City of New York, Queens County, entered June 30, 2015, or for alternative relief.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted and the appeal is dismissed.December 22, 20172016-2407 K C. U.S. EQUITIES CORP. v. JAVIER — Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 15, 2016.On the court’s own motion, it isORDERED that the appeal is dismissed.The order appealed from was entered upon appellant’s failure to proceed at a traverse. Such a failure constitutes a default (see CPLR 3215 [a]; Matter of Reynolds v. Spanakos, 196 AD2d 798 [1993]; see also Schmitt v. Jeyalingam, 71 AD3d 757 [2010]). No appeal lies from an order entered on default (see CPLR 5511).December 22, 2017By: Pesce, P.J., Aliotta, Elliot, JJ.2016-3168 K C. GENTLECARE AMBULATORY ANESTHESIA SERVS. AND PAUL, LYONEL F., M.D., v. GEICO INS. CO. — Motion by appellant for leave to reargue, or, in the alternative, for leave to appeal to the Appellate Division, the denial of a motion to vacate dismissal, which was determined by decision and order of this court on August 18, 2017, on an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 5, 2015.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.2016-3169 K C. CAUTIOUS CARE MEDICAL, P.C. v. MVAIC — Motion by appellant for leave to reargue, or, in the alternative, for leave to appeal to the Appellate Division, the denial of a motion to vacate dismissal, which was determined by decision and order of this court on August 18, 2017, on an appeal from an order of the Civil Court of the City of New York, Kings County, entered July 29, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.December 22, 20172016-3178 K C. FLATBUSH CHIROPRACTIC, P.C. v. CITIWIDE AUTO LEASING — Motion by appellant for leave to reargue, or, in the alternative, for leave to appeal to the Appellate Division, the denial of a motion to vacate dismissal, which was determined by decision and order of this court on August 18, 2017, on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 11, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion is denied.December 22, 20172017-4 K C. RIGHT AID MED. SUPPLY, CORP. v. MVAIC — Motion by appellant for leave to reargue, or, in the alternative, for leave to appeal to the Appellate Division, the denial of a motion to vacate dismissal, which was determined by decision and order of this court on August 18, 2017, on 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.December 22, 20172017-5 K C. RIGHT AID MED. SUPPLY CORP. v. MVAIC — Motion by appellant for leave to reargue, or, in the alternative, for leave to appeal to the Appellate Division, the denial of a motion to vacate dismissal, which was determined by decision and order of this court on August 18, 2017, on 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.December 22, 20172017-7 K C. CAREFUL COMPLETE MED., P.C. v. MVAIC — Motion by appellant for leave to reargue, or, in the alternative, for leave to appeal to the Appellate Division, the denial of a motion to vacate dismissal, which was determined by decision and order of this court on August 18, 2017, on 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.December 22, 20172017-8 K C. NATURAL THERAPY ACUPUNCTURE, P.C. v. OMNI INDEM. CO. — Motion by appellant for leave to reargue, or, in the alternative, for leave to appeal to the Appellate Division, the denial of a motion to vacate dismissal, which was determined by decision and order of this court on August 18, 2017, on an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 13, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.December 22, 20172017-515 K C. ACTIVE CARE MED. SUPPLY CORP. v. AMERIPRISE AUTO & HOME — Motion by appellant for leave to reargue, or, in the alternative, for leave to appeal to the Appellate Division, the denial of a motion to vacate dismissal, which was determined by decision and order of this court on August 18, 2017, on an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 13, 2014.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.December 22, 2017By: Pesce, P.J., Weston, Elliot, JJ.2017-1270 K CR. THE PEOPLE v. AGUILAR-CONTRERAS, ISABEL — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered June 6, 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 thereto, it isORDERED that the motion is granted and the Legal Aid Society is assigned as counsel; and it is further,ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; 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, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.December 22, 2017By: Pesce, P.J., Aliotta, Solomon, JJ.2017-1464 K CR. THE PEOPLE v. PURIFOY, JAMES — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered July 6, 2017, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the branches of the motion seeking leave to prosecute the appeal as a poor person and the assignment of counsel are granted and Appellate Advocates is assigned as counsel; and it is further,ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; 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, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.December 18, 2017By: Pesce, P.J., Weston, Elliot, JJ.2017-1501 Q CR. THE PEOPLE v. FOSTER, DAMON — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered July 5, 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 thereto, it isORDERED that the motion is granted and Appellate Advocates is assigned as counsel; and it is further,ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; 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, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.December 22, 20172017-1566 K CR. THE PEOPLE v. KNOWLES, JEEMAR — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered July 19, 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 thereto, it isORDERED that the motion is granted and the Legal Aid Society is assigned as counsel; and it is further,ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; 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, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.December 22, 20172017-1820 K CR. THE PEOPLE v. REYES, LUIS — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered August 22, 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 thereto, it isORDERED that the motion is granted and the Legal Aid Society is assigned as counsel; and it is further,ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; 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, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.December 22, 20172017-2153 Q CR. THE PEOPLE v. ROMBANO, JIMMY — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered April 5, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in response thereto, it isORDERED that the branch of the motion seeking an extension of time to take an appeal is granted and defendant’s moving papers are deemed to constitute a timely notice of appeal; and it is further,ORDERED that the branches of the motion seeking leave to prosecute the appeal as a poor person and the assignment of counsel are granted and Appellate Advocates is assigned as counsel; and it is further,ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; 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, if any, prepared in connection with defendant’s sentencing, including the recommendation sheet and any prior reports on defendant which are incorporated or referred to in the report.December 22, 2017By: Elliot, J.P., Pesce, Aliotta, JJ.2017-2246 K C. SQUIRES v. GRIFFITH — Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 22, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion is denied without prejudice to renewal upon proper papers, including an affidavit showing that respondent was served with the motion.December 22, 2017By: Pesce, P.J., Aliotta, Solomon, JJ.2017-2328 K C. NICA ACUPUNCTURE, P.C. v. SELECTIVE INS. CO. OF AM. — Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 18, 2017. A review of the record indicates that appellant was served with a copy of the order appealed from, with notice of entry, on August 22, 2017 and the notice of appeal was not filed until October 5, 2017.On the court’s own motion, it isORDERED that the appeal is dismissed as untimely (see CPLR 5513).December 22, 20172017-2353 K C. SACKMAN PROP., LLC v. GADDY — Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 6, 2017.On the court’s own motion, it isORDERED that the appeal is dismissed, as the proceeding was settled by a so-ordered stipulation dated November 30, 2017.December 22, 2017Ninth and TenthJudical DisTRICTSBy: Marano, P.J., Tolbert, Garguilo, JJ.2016-1707 S CR. THE PEOPLE v. OLSEN, DONALD — Motion by appellant for a preference in the calendaring of an appeal from judgments of conviction of the District Court of Suffolk County, First District, rendered July 14, 2016.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted, and the appeal will be calendared expeditiously.December 22, 2017
