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PEOPLE, etc., plf, v. Bryan Bistonath, def — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated November 2, 2017, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:Motion by the defendant to extend the time to make an application, pursuant to CPL 450.15 and 460.15, for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Queens County, dated May 17, 2016, as amended December 5, 2017.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 defendant’s time to make an application, pursuant to CPL 450.15 and 460.15, for a certificate granting leave to appeal to this Court from the order dated May 17, 2016, is extended, and the application submitted by the defendant is deemed timely served and filed.DILLON, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.By Balkin, J.P.; Leventhal, Hinds-Radix and Maltese, JJ.PEOPLE, etc., res, v. Jason Jackson, ap — Motion by the respondent to dismiss, for failure to prosecute, an appeal from a judgment of the County Court, Suffolk County, rendered February 27, 2009, which was deemed abandoned pursuant to 22 NYCRR 670.8(f).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.BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.Cahill Construction Corp., res, v. Travelers Indemnity Company, ap, et al., def — Motion by the appellant to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Orange County, dated December 30, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is enlarged until February 8, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.MATTER of CIP Physical Therapy, P.C. ap, v. Benjamin M. Lawsky res — Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 3, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellants’ time to perfect the appeal is enlarged until February 8, 2018, and the record or appendix on the appeal and the appellants’ brief shall be served and filed on or before that date.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.Fernando Barreiros, plf-res, v. Inter County Paving Associates, LLC, defendant third-party plf-ap, et al., defendants; Sweet Hollow Management Corp., third-party def-res — Motion by the defendant third-party plaintiff-appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 13, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the time to perfect the appeal is enlarged until February 8, 2018, and the record or appendix on the appeal and the defendant third-party plaintiff-appellant’s brief shall be served and filed on or before that date.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.Luz Rueda, ap, v. Elmhurst Woodside, LLC respondents def — Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated December 8, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is enlarged until February 8, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.MATTER of Jan J. Matusewicz, deceased. Dorothy Weremeychik, petitioner-res, Lorraine Ruml, res-res — (File No. 373217/13) — Motion by the petitioner-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Surrogate’s Court, Nassau County, dated November 2, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the petitioner-respondent’s time to serve and file a brief is enlarged until January 29, 2018, and the petitioner-respondent’s brief shall be served and filed on or before that date.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.Patrick Magee res, v. John Magee ap — Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Rockland County, dated March 8, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the respondents’ time to serve and file a brief is enlarged until February 8, 2018, and the respondents’ brief shall be served and filed on or before that date.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.Bank of America, N.A., res, v. Efraim Zvi Smilowitz , appellant def — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 15, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is enlarged until January 31, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.By Chambers, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.Yvon Eustache, plf-res, v. City of New York defendants- res, Courtesy Transportation Services, Inc. ap — Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 17, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellants’ time to perfect the appeal is enlarged until March 5, 2018, and the record or appendix on the appeal and the appellants’ brief shall be served and filed on or before that date.CHAMBERS, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.U.S. Bank, N.A., res, v. Michael Williams, appellant def — Motion by the respondent to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Queens County, entered March 4, 2016, and August 10, 2016, respectively.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the respondent’s time to serve and file a brief is enlarged until February 8, 2018, and the respondent’s brief shall be served and filed on or before that date.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.By Priscilla Hall, J.P.; Sgroi, Cohen and Connolly, JJ.EMC Mortgage Corporation, res, v. Terry Walker, ap — 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 November 29, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellant’s time to serve and file a reply brief is enlarged until January 29, 2018, and the reply brief shall be served and filed on or before that date.LEVENTHAL, J.P., SGROI, COHEN and CONNOLLY, JJ., concur.By Priscilla Hall, J.P.; Sgroi, Cohen and Connolly, JJ.Patricia McNally, ap, v. Edward McNally, res — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated October 26, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is enlarged until March 5, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.HALL, J.P., SGROI, COHEN and CONNOLLY, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.PEOPLE, etc., res, v. Carlos Perez-Rodriguez, ap — Motion by the respondent, inter alia, to strike stated portions of the appellant’s brief on an appeal from a judgment of the County Court, Queens County, rendered January 30, 2013.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is to strike stated portions of the appellant’s brief is granted, the material on page 28 under the heading “Post-Conviction Motion,” including that heading, are stricken, and on or before January 29, 2018, the appellant shall remove the stricken material from the copies of the appellant’s brief filed with the Clerk of the Court; and it is further,ORDERED that the motion is otherwise denied; and it is further,ORDERED that on the Court’s own motion, the respondent’s time to serve and file a brief is enlarged until February 28, 2018, and the respondent’s brief shall be served and filed on or before that date.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.By Priscilla Hall, J.P.; Austin, Sgroi and Christopher, JJ.PEOPLE, etc., res, v. Andre Dickenson, ap — Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered November 26, 2013.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 appellant’s supplemental brief shall be served and filed on or before March 12, 2018; and it is further,ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.HALL, J.P., AUSTIN, SGROI and CHRISTOPHER, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.Carmine Dell Aquila, ap, v. Thomas Rubio, etc. respondents def — Motion by the respondents to dismiss stated portions of an appeal from an order of the Supreme Court, Suffolk County, dated November 21, 2016, on the ground that no appeal lies from an order denying reargument.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,ORDERED that on the Court’s own motion, the respondents time to serve and file a brief is enlarged until February 8, 2018, and the respondents brief, if any, shall be served and filed on or before that date.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.By Priscilla Hall, J.P.; Austin, Sgroi and Christopher, JJ.Allstate Insurance Company, ap, v. Stacey Kapeleris, res — Motion by Allstate Insurance Company to amend a notice of appeal from an order of the Supreme Court, Nassau County, entered April 3, 2017, to reflect that it is the proper party appellant, and to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted (see Matter of Tagliaferri, 1 NY3d 605; CPLR 2001); and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged until February 8, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.HALL, J.P., AUSTIN, SGROI and CHRISTOPHER, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.MATTER of Cesario Pelaez, ap, v. State of New York Executive Department Crime Victims Board, res — Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated December 19, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing a brief on the appeal is enlarged until March 12, 2018; and it is further,ORDERED that the motion is otherwise denied.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.U.S. Bank Trust, N.A., etc., res, v. Carl DeLuca, appellant def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Rockland County, dated November 7, 2016, on the grounds that no appeal lies from an order issued ex parte and the record is inadequate, or, in the alternative, to enlarge the time to serve and file a brief.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent’s time to serve and file a brief is enlarged until February 8, 2018, and the respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that the motion is otherwise denied.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.PEOPLE, res, v. Claude Schirmer, ap — Motion by the appellant’s assigned counsel on an appeal from an order of the County Court, Suffolk County, dated June 26, 2017, in effect, to be relieved on the ground that no appeal lies from an order entered upon the consent of the appealing party.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that on the Court’s own motion, the appellant is 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 entered upon the consent of the appealing party (see CPLR 5511), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before February 8, 2018; and it is further,ORDERED that the motion by assigned counsel to be relieved is held in abeyance in the interim; and it is further,ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.By Balkin, J.P.; Austin, Nelson and Christopher, JJ.Carlos A. Ferreira, res, v. Melanie E. Ferreira, ap — Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated April 15, 2016, and for poor person relief, including waiver of the filing fee.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 enlarge the time to perfect the appeal is granted, the appellant’s time to perfect the appeal is enlarged until February 8, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that the motion is otherwise denied.BALKIN, J.P., AUSTIN, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Austin, Nelson and Christopher, JJ.Rossrock Fund II, L.P., res, v. Carlos Luis Toledo def, Claudette Boothe, ap — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 23, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted, the time to perfect the appeal is enlarged until February 8, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.BALKIN, J.P., AUSTIN, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Austin, Nelson and Christopher, JJ.Deutsche Bank National Trust Company, etc., res, v. Gary Gatti, etc, ap, et al., def — Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Suffolk County, both dated March 9, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeals is enlarged until February 8, 2018, and the record or appendix on the appeals and the appellant’s brief shall be served and filed on or before that date.BALKIN, J.P., AUSTIN, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Austin, Nelson and Christopher, JJ.MATTER of State of New York, res, v. Walter R. (Anonymous), ap — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Orange County, dated September 21, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the respondent’s time to serve and file a brief is enlarged until February 8, 2018, and the respondent’s brief shall be served and filed on or before that date.BALKIN, J.P., AUSTIN, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Austin, Nelson and Christopher, JJ.PEOPLE, etc., res, v. Daniel S. Ramos, ap — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, rendered July 24, 2015.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the respondent’s time to serve and file a brief is enlarged until February 8, 2018, and the respondent’s brief shall be served and filed on or before that date.BALKIN, J.P., AUSTIN, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Austin, Nelson and Christopher, JJ.James Macinness ap, v. Chao Wang def, Wai Man Wilda Cheung res — Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered February 23, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted, the appellants’ time to perfect the appeal is enlarged until February 8, 2018, and the record or appendix on the appeal and the appellants’ brief shall be served and filed on or before that date.BALKIN, J.P., AUSTIN, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Austin, Nelson and Christopher, JJ.Ana Ospina-Cherner, res, v. Daniel Cherner, ap — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Westchester County, dated January 20, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the respondent’s time to serve and file a brief is enlarged until February 23, 2018, and the respondent’s brief shall be served and filed on or before that date.BALKIN, J.P., AUSTIN, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Andrew Evans II, ap, v. Angela N. Sepulveda, respondent — Appeal by the Andrew Evans II from an order of the Family Court, Queens County, dated November 9, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Olga J. Rodriguez, Esq., dated November 27, 2017, 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:Larry S. Bachner, Esq.39 Broadway, Suite 1610New York, NY 10006917-674-9576and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the Court, and on or before January 22, 2018, shall notify the Case Manager assigned to the appeal, in writing, that he 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 he 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 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 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 Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Donna Banton, res, v. Joseph Basile, ap — Appeal by Joseph Basile from an order of the Family Court, Kings County, dated November 13, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Anna Stern, Esq., dated November 17, 2017, 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:Joel Borenstein, Esq.26 Court Street, Suite 700Brooklyn, NY 11242718-916-8370and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the Court, and on or before January 22, 2018, shall notify the Case Manager assigned to the appeal, in writing, that he 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 he 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 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 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 Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Baby Boy I. (Anonymous), a/k/a Ethan I. (Anonymous). Edwin Gould Services for Children and Families, petitioner-res, Edna I. (Anonymous), res-res — Appeal by the Edna I. from an order of the Family Court, Kings County, dated October 27, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Vivienne M. Hewitt, Esq., dated November 30, 2017, it isORDERED that the respondent-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:Kenneth M. Tuccillo, Esq.591 Warburton Avenue, # 576Hastings on Hudson, NY 10706914-439-4843and it is further,ORDERED that assigned counsel shall promptly attempt to contact the respondent-appellant at the address provided by the Court, and on or before January 22, 2018, shall notify the Case Manager assigned to the appeal, in writing, that he 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 he has been unable to contact the respondent-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 respondent-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 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 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 Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Aydin A. E. (Anonymous). Administration for Children’s Services, petitioner- res, Deanna E. E. (Anonymous), respondent- ap — Appeal by the Deanna E. E. from an order of the Family Court, Kings County, dated November 2, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Jacob Schneider, Esq., dated December 1, 2017, it isORDERED that the respondent-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:Catherine S. Bridge, Esq.1110 South Avenue, Suite 402Staten Island, NY 10314718-448-9600and it is further,ORDERED that assigned counsel shall promptly attempt to contact the respondent- appellant at the address provided by the Court, and on or before January 22, 2018, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either(1) the respondent-appellant is interested in prosecuting the appeal, or(2) the respondent-appellant is not interested in prosecuting the appeal, or that she has been unable to contact the respondent-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 respondent-appellant, the petitioner-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 respondent-appellant’s 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 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 respondent-appellant’s are 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 Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Antonio T. (Anonymous). Administration for Childrens Services, petitioner- res, Franklin T. (Anonymous), respondent- respondent-appellant res — (Proceeding No. 1)MATTER of Quincy J. (Anonymous). Administration for Childrens Services, petitioner- res, Franklin T. (Anonymous), respondent- respondent-appellant res — (Proceeding No. 2)MATTER of Diamond J. (Anonymous). Administration for Childrens Services, petitioner- res, Franklin T. (Anonymous), respondent- respondent-appellant res — (Proceeding No. 3)MATTER of Emani T. (Anonymous). Administration for Childrens Services, petitioner- res, Franklin T. (Anonymous), respondent- respondent-appellant res — (Proceeding No. 4)MATTER of Xavier J. (Anonymous). Administration for Childrens Services, petitioner- res, Franklin T. (Anonymous), respondent- respondent-appellant res — (Proceeding No. 5)MATTER of Anisha J. (Anonymous). Administration for Childrens Services, petitioner- res, Franklin T. (Anonymous), respondent- respondent-appellant res — (Proceeding No. 6)MATTER of Destiny J. (Anonymous). Administration for Childrens Services, petitioner- res, Franklin T. (Anonymous), respondent- respondent-appellant res — (Proceeding No. 7)MATTER of Omari T. (Anonymous). Administration for Childrens Services, petitioner- res, Franklin T. (Anonymous), respondent- respondent-appellant res — (Proceeding No. 8) N-6691-16, N-6692-16, N-6693-16, N-6694-16, N-15169-16) — Appeals by Franklin T. from two orders of the Family Court, Queens County, dated September 18, 2017, and October 11, 2017, respectively. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Steven P. Forbes, Esq., dated January 2, 2018, it isORDERED that the respondent-appellant is granted leave to proceed as a poor person on the appeals and the following named attorney is assigned as counsel to prosecute the appeals:Steven P. Forbes, Esq.155-03 Jamaica AvenueJamaica, NY 11432and it is further,ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the respondent-appellant, the petitioner- respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the respondent-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 appeals, including the attorney for the children, if any, when counsel serves the respondent-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 appeals is taken; and it is further,ORDERED that the appeals 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 appeals; 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 appeals are taken, the date thereof, and the date by which the transcripts are expected; or(4) an affidavit or an affirmation withdrawing the appeals; 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 appeals to show cause why the appeals should or should not be dismissed.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Balkin, J.P.; Austin, Nelson and Christopher, JJ.Bank of New York Mellon, etc., res, v. Monowar Ahmed, appellant def — Motion by Monowar Ahmed to consolidate appeals from two orders of the Supreme Court, Suffolk County, both dated November 22, 2016, with an appeal from an order of the same court dated September 26, 2017, for leave to serve and file a supplemental appendix and brief containing the papers to be considered in connection with the appeal from the order dated September 26, 2017, and the points of argument with respect thereto to strike stated portions of Bank of New York Mellon’s brief, and to enlarge the time to serve and file a reply brief.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branches of the motion which are to consolidate the appeals and for leave to serve and file a supplemental appendix and brief are granted, and on or before February 8, 2018, Monowar Ahmed shall serve and file a supplemental appendix containing the papers to be considered in connection with the appeal from the order dated September 26, 2017, which are not contained in the appendix filed in connection with the appeals from the orders dated November 22, 2016, and a supplemental brief which contains points of argument on the appeal from the order dated September 26, 2017; and it is further,ORDERED that Bank of New York Mellon may serve and file a supplemental brief, if it be so advised, on or before March 5, 2018; and it is further,ORDERED that the branch of the motion which is to enlarge Monowar Ahmed’s time to serve and file a reply brief is granted, Monowar Ahmed’s time to serve and file a reply brief is enlarged until March 20, 2018, and the reply brief shall be served and filed on or before that date; and it is further,ORDERED that the motion is otherwise denied.BALKIN, J.P., AUSTIN, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.By Leventhal, J.P.; Cohen, Maltese and Iannacci, JJ.Margaret McPadden ap, v. Thomas McPadden, res — Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated December 8, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellants’ time to perfect the appeal is enlarged until February 14, 2018, the record or appendix on the appeal and the appellants’ 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.LEVENTHAL, J.P., COHEN, MALTESE and IANNACCI, JJ., concur.By Balkin, J.P.; Nelson, Iannacci and Christopher, JJ.JPMorgan Chase Bank, National Association, etc., res, v. Jonathan Austern, ap, et al., def — 2016-12487JPMorgan Chase Bank, National Association,etc., respondent, v. Jonathan Austern, appellant,et al., defendants.(Index No. 64674/14)‌Motion by Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, inter alia, for leave to withdraw as counsel for the appellant on appeals from two orders of the Supreme Court, Suffolk County, both dated October 25, 2016, to consolidate the appeals, and, in effect, to enlarge the time to perfect the appeals.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 withdraw as counsel is granted, and on or before January 23, 2017, Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the appellant’s time to perfect the appeal is enlarged until March 21, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that the motion is otherwise denied.BALKIN, J.P., BRATHWAITE NELSON, IANNACCI and CHRISTOPHER, JJ., concur.MATTER of Steven A. Saporito, ap, v. Jennifer K. Ward, res — Appeal by Steven A. Saporito from an order of the Family Court, Kings County, dated January 13, 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 appellant to serve and file a reply brief is enlarged until January 16, 2018.MATTER of Jennifer K. Ward, res, v. Steven A. Saporito, ap — Appeal by Steven A. Saporito from an order of the Family Court, Kings County, dated January 13, 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 appellant to serve and file a reply brief is enlarged until January 16, 2018.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.MATTER of Roger Cole, pet, v. Thomas Griffin, etc., res — Motion by the petitioner, in effect, for leave to prosecute a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Dutchess County, dated July 21, 2016, on the original papers and to enlarge the time to perfect the proceeding.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 petitioner’s brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.MATTER of Akilah A. (Anonymous). Administration for Childrens Services, petitioner-appellant; Bishme A. (Anonymous), et al., res-res — (Proceeding No. 1)MATTER of Jassir A. (Anonymous). Administration for Childrens Services, petitioner-appellant; Bishme A. (Anonymous), et al., res-res — (Proceeding No. 2) — Appeal by Administration for Children’s Services from an order of the Family Court, Queens County, dated August 9, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until February 16, 2018.MATTER of Francine Tarpey, res, v. James A. Tarpey, ap — Appeal by James A. Tarpey from an order of the Family Court, Suffolk County, dated June 26, 2017. Pursuant to §670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until February 20, 2018.MATTER of Stefanie F. (Anonymous), respondent v. Leon H. (Anonymous), ap — Appeal by Leon H. from an order of the Family Court, Richmond County, dated July 25, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until February 5, 2018.MATTER of John M. M. (Anonymous). Administration for Childrens Services, petitioner- appellant; Michael M. (Anonymous), respondent- res — Appeal by Administration for Children’s Services from an order of the Family Court, Queens County, dated March 7, 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 appellant to serve and file a reply brief is enlarged until January 26, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Dalliah Lerner, res, v. Johnathan C. Lerner, ap — Appeals by Johnathan C. Lerner from two orders of the Family Court, Nassau County, both dated July 24, 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 February 5, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Sandra Priscilla Spicer, ap, v. Richard Spicer, res — Appeal by Sandra Priscilla Spicer from an order of the Family Court, Nassau County, dated July 21, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on January 2, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this  , the briefs for the respondent and the attorney for the child in the above-entitled appeal shall be served and filed.By Scheinkman, P.J.MATTER of Peter T. (Anonymous), Jr. Westchester County Department of Social Services, petitioner-res, Shay S. P. (Anonymous), a/k/a Shay S. T. (Anonymous), et. al., respondents- ap — Appeal by Shay S. P., a/k/a Shay S. T., and separate appeal by Peter T., from an order of the Family Court, Westchester County, dated October 31, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Judith A. Woods, Esq., dated January 2, 2018, it isORDERED that the appellant Peter T. 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:Carol Carozza, Esq.2525 Palmer Avenue, 2nd FloorNew Rochelle, NY 10801914-235-1498and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant Peter T. at the address provided by this Court, and on or before January 22, 2018, shall notify the Case Manager assigned to the appeal, in writing, that he 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 he 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 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.MATTER of Joel T. (Anonymous), res, v. Miriam T. (Anonymous), ap — O-5388-15, O-4592-16) — Appeal by Miriam T. from an order of the Family Court, Orange County, dated January 26, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on January 2, 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.By Balkin, J.P.; Leventhal, Hinds-Radix and Maltese, JJ.PEOPLE, etc., res, v. Anthony Williams, ap — Motion by the respondent to dismiss, for failure to prosecute, an appeal from a judgment of the County Court, Suffolk County, rendered November 21, 2002, which was deemed abandoned pursuant to 22 NYCRR 670.8(f).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 is dismissed.BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.By Rivera, J.P.; Austin, Connolly and Iannacci, JJ.PEOPLE, etc., res, v. Earl Baxter, ap — Motion by the respondent to dismiss, for failure to prosecute, an appeal from a judgment of the County Court, Suffolk County, rendered February 15, 2007, which was deemed abandoned pursuant to 22 NYCRR 670.8(f).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.RIVERA, J.P., AUSTIN, CONNOLLY and IANNACCI, JJ., concur.By Rivera, J.P.; Austin, Connolly and Iannacci, JJ.PEOPLE, etc., res, v. Mark Anthony, ap — Motion by the respondent to dismiss, for failure to prosecute, an appeal from a judgment of the County Court, Suffolk County, rendered June 20, 2012, which was deemed abandoned pursuant to 22 NYCRR 670.8(f).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.RIVERA, J.P., AUSTIN, CONNOLLY and IANNACCI, JJ., concur.By Chambers, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.PEOPLE, etc., res, v. Jose Arriaza, ap — Motion by the respondent to dismiss, for failure to prosecute, an appeal from a judgment of the County Court, Suffolk County, rendered February 13, 2014.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.CHAMBERS, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Balkin, J.P.; Leventhal, Hinds-Radix and Maltese, JJ.PEOPLE, etc., res, v. Jose Amilcar Bautista Martinez, ap — Motion by the respondent to dismiss, for failure to prosecute, an appeal from a judgment of the County Court, Suffolk County, rendered July 17, 2003, which was deemed abandoned pursuant to 22 NYCRR 670.8(f).Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is dismissed without prejudice to renew upon proper papers, including proof of service upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, by ordinary mail pursuant to CPL 470.60(2).BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.By Balkin, J.P.; Leventhal, Hinds-Radix and Maltese, JJ.PEOPLE, etc., res, v. Kenneth Toney, ap — Motion by the respondent to dismiss, for failure to prosecute, an appeal from a judgment of the County Court, Suffolk County, rendered December 1, 2006, which was deemed abandoned pursuant to 22 NYCRR 670.8(f).Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is dismissed without prejudice to renew upon proper papers, including proof of service upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, by ordinary mail pursuant to CPL 470.60(2).BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.MATTER of Highway Superintendent Association of Rockland, Inc. pet, v. Town of Clarkson Supervisor Alexander J. Gromack ap, Wayne Ballard as the Town of Clarkstown, New York, res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated May 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.Jose Lamas, plaintiff-res-ap, v. East Coast Drilling, Inc. def, Pavarini McGovern, LLC appellants-res, All Safe, LLC, defendant-res-res — Application by the appellants-respondents on an appeal and cross appeals from an order of the Supreme Court, Westchester County, dated March 28, 2017, to withdraw the appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Arjan Gazaferi pet-res, v. Eden Wilson, res-res — Appeal by Eden Wilson from an order of the Family Court, Richmond County, dated March 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 appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until January 29, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Kumrije Ukaj, res, v. Nationwide Maintenance, LLC, appellant def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 6, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Roland Zhicay, res, v. Budget Truck Rental, LLC appellants def — Application by the appellants to withdraw appeals from two orders of the Supreme Court, Kings County, dated August 8, 2017 and June 26, 2017, respectively.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeals are marked withdrawn.Carol Bargfrede, ap, v. Incorporated Village of Hempstead, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 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.Sorto, etc. et al, ap, v. Brenda Clarke, et al., res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 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.Anthony Quinones, ap, v. Starret City, Inc. res — Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 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 to the extent that the respondents’ time to serve and file a brief is enlarged until February 16, 2018, the respondents’ brief shall be served and filed on or before that date, and the application is otherwise denied.Dimitrios Tsiolos, ap, v. D.E.A. & J Enterprises, LLC res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 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.Timothy Lee Hornbeck, res, v. City of New York ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated June 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.By Leventhal, J.P.; Chambers, Miller and Duffy, JJ.Yi-Zhen Liu, plf-res, v. Franklyn J. Peters ap, Tang B. Li, def-res — Motion by the plaintiff-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated May 11, 2017, and for leave to serve and file a supplemental record containing the affirmation of Christian J. Kubic dated March 30, 2017, with annexed exhibits.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 plaintiff-respondent shall serve and file his brief and supplemental record containing the affirmation of Christian J. Kubic dated March 30, 2017, with annexed exhibits, on or before February 7, 2018.LEVENTHAL, J.P., CHAMBERS, MILLER and DUFFY, JJ., concur.Ramon Reyes-Garcia, res, v. Siena Village, Inc., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau 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.Antonio Sestito, ap, v. New School, et al., respondents def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 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.Ana Hernandez plf-res, v. Jeffrey A. Docyk, defendants third-party plaintiffs appellants; Francisco Javier Chevez, et al., third-party def-res — Application by the defendants third-party plaintiffs-appellants pursuant to 22 NYCRR 670.8(d)(2) for an enlargement of time until March 30, 2018, to perfect an appeal from an order of the Supreme Court, Suffolk County, dated May 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 to the extent that the applicants’ time to perfect the appeal is enlarged until February 26, 2018, the record or appendix on the appeal and the applicants’ brief shall be served and filed on or before that date, and the application is otherwise denied.US Bank National Association, ap, v. Verna Marsh, respondent def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 1, 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, National Association, etc., res, v. Robert v. Solanto, ap, et al., def — Application to withdraw appeals from two orders of the Supreme Court, Rockland County, both dated June 22, 2017.Upon the stipulation of the attorneys for the respective parties to the appeals dated December 22, 2017, it isORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Bank of NY Mellon, etc., ap, v. Pamela Joseph, respondent def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 6, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Shari L. Trust, etc., plf-ap, v. Abraham G. Garfinkel, etc. def, Lisa Ann Fisher, etc. res, Mark D. Fisch, etc., def-ap — Application by the defendant-appellant on appeals from an order of the Supreme Court, Rockland County, dated June 1, 2017, to withdraw his 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 appeal by the defendant-appellant is marked withdrawn.By Leventhal, J.P.; Austin, Cohen and Brathwaite Nelson, JJ.Louis Dossous, ap, v. Corporate Owners Bayridge Nissan, Inc., res — Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated May 5, 2015, which was determined by decision and order of this Court dated November 1, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.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.LEVENTHAL, J.P., AUSTIN, COHEN and BRATHWAITE NELSON, JJ., concur.Shari L. Trust, etc., plf, v. Abraham G. Garfinkel, etc. def, Lisa Ann Fisher, etc.res, Mark D. Fisch, etc., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated October 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.By Leventhal, J.P.; Hinds-Radix, Lasalle and Brathwaite Nelson, JJ.Mohammed Alam, res, v. Md Gias Uddin, 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, Queens County, dated August 25, 2016.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., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.MATTER of Luna v. (Anonymous). Administration for Childrens Services, petitioner- appellant; Natasha v. (Anonymous), respondent- res — (Proceeding No. 1)MATTER of Julia D. (Anonymous). Administration for Childrens Services, petitioner- appellant; Natasha v. (Anonymous), respondent- res — (Proceeding No. 2) — Appeal by Administration for Children’s Services from an order of the Family Court, Richmond County, dated October 11, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on January 2, 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.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Darron McPherson, ap — (S.C.I. No. 7273/17) — Appeal by Darron McPherson from a judgment of the Supreme Court, Kings County, rendered October 16, 2017. By order dated October 16, 2017, the Supreme Court, Kings County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief.Now, upon the order dated October 16, 2017, it isORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Seymour W. James, Jr., Esq.The Legal Aid Society199 Water Street – 5th FloorNew York, New York 10038and 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 application 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 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 application upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Leventhal, J.P.; Chambers, Miller and Duffy, JJ.William A. Maloney, etc., respondent- ap, v. Pine Island Corp., appellant- res — Motion by the appellant-respondent, inter alia, to stay enforcement of a judgment of the Supreme Court, Rockland County, dated November 28, 2017, and to stay the release of the sum of $162,000 from escrow held by Cynthia Costa-Trahan, pending hearing and determination of an appeal and cross appeal from the judgment.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 judgment and the release of the sum of $162,000 from escrow held by Cynthia Costa-Trahan are stayed pending hearing and determination of the appeal and cross appeal on condition that the appellant-respondent (1) posts an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Rockland County, in a sum of $16,005.76, in terms that if the judgment appealed from, or any part of the judgment, is affirmed, the surety will indemnify the respondent-appellant, if it is ultimately determined that the respondent-appellant sustained a loss due to the stay and (2) perfects the appeal on or before February 7, 2018, and the motion is otherwise denied; and it is further,ORDERED that in the event the appellant-respondent does not comply with the foregoing, the Court, on its own motion, may vacate the stay, without further notice, or the respondent-appellant may move to vacate the stay, on three days notice.LEVENTHAL, J.P., CHAMBERS, MILLER and DUFFY, JJ., concur.NYCTL 2004-A Trust plf, v. Federal National Mortgage Association, et al., def, Cee Jay Real Estate Development Corporation, ap, Latif Cami res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated December 23, 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.Jennifer T. Salcedo, res, v. Christopher Thomas ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 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.Old Republic National Title Insurance Co., res, v. Knickerbocker Abstract Company, Inc., ap — Application by the appellant to withdraw appeals from two orders of the Supreme Court, Kings County, dated January 26, 2017 and August 3, 2017, respectively.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeals are marked withdrawn.Ira Lawrence Brody, res, v. Southeast Holding Corporation ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 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 application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Sandy Galicia, res, v. Spring Creek Gardens ap — Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 1, 2016.Upon the stipulation of the attorneys for the respective parties to the appeal dated December 20, 2017, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Jennifer T. Salcedo, res, v. Christopher Thomas ap — Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Kings 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.Theodore C. Rossi, res, v. Shari Inga Rossi, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 23, 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.PEOPLE, etc., res, v. Velizar Burchici, ap — Appeals from two judgments of the Supreme Court, Queens County, both rendered August 24, 2016.Upon the stipulation of the appellant and the attorneys for the respective parties to the appeals dated January 3, 2018, it isORDERED that the appeal pending under Appellate Division Docket No. 2016-10631 is marked withdrawn.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 No. Applicant Name(s) Extended DeadlineBank of New York Mellon v Adago 2017-08045 +1, John Adago, February 21, 2018Bank of New York Mellon v. D’Andrade, 2017-07449, Sharme D’Andrade, February 21, 2018Bianchi v. New York City Transit Authority, 2017-07229, Andrew Bianchi, February 20, 2018Bilboa v. City of New York, 2017-05317, Dominick Grisanzio Irrevocable Trust, February 5, 2018Chase Home Finance v. Sulton, 2017-07438, Andre L. Sulton, January 22, 2018Christiana Trust v. Arkliss, 2017-04392+1, Dasha J. Arkliss, January 25, 2018Express Valentine Auto Repair Shop, Inc. v. New Repair Shop, Inc. York Taxi 2, Inc.,  2017-09107, Express Valentine Auto Valentine Uwode, February 13, 2018Federal National Mortgage Association v. Mendlowitz, 2017-07553, Mordechai Mendlowitz, February 26, 2018Feldman v. Knack, 2017-04891,William Knack, January 31, 2018Felix v. Wai Hom, 2017-04619, Juana Isabel Felix, January 25, 2018Fox v. Patriot Saloon, 2016-10490, Patrick Fox, January 17, 2018Harris v. Live, Play and Bounce Corp. , 2017-03066, Live, Play and Bounce Corp., January 22, 2018Humphrey v. Starrett City, Inc., 2017-09099Arnie Humphrey, January 16, 2018Jimenez v. Steinemann Technology AG, 2017-07816Steinemann Technology AG, February 28, 2018K. A. v. City of New York, 2016-10146, City of New York, New York City Department of Education Board of Education of the City of New York, February 9, 2018Lavi v. Lavi, 2017-07173, Pariz Lavi, February 20, 2018Mandel v. 15 Power Drive, LLC, 2017-0137015,  Power Drive, LLC, January 19, 2018Matter of Stengel v. Town of Poughkeepsie Zoning Board of Appeals, 2017-08367, Marie Greaves, Linda L. Mack, Peter P. Mack, Amy L. Aguirre, Matias Aguirre, Roy A. Stengel, February 20, 2018McArdle v. White,  2017-07977, Ivan McArdle, February 22, 2018People v. Burris, Darius, 2016-04489, People of State of New York,  February 13, 2018People v. Carrino, Justin, 2016-08393, People of State of New York, January 30, 2018People v. Murdock, Terence, 2017-06993, People of State of New York , February 13, 2018People of State of New York v. Trotter, 2014-07784, People of State of New York, January 19, 2018Sensible Choice Contracting LLC v. Rodgers, 2017-08317, Sensible Choice Contracting, LLC, January 17, 2018Sikorjak v. City of New York, 2017-07561, City of New York, New York City Department of Transportation, Conti of New York, LLC, February 9, 2018Stagnitta v. Ambrosino, 2017-04375, Barbara Stagnitta, January 12, 2018Sumpter v. Plaza Construction Corp., 2017-08383, Ronald Sumpter, March 23, 2018Troina v. Canyon Donurs Jericho Turnpike, Inc., 2017-07846, Joseph Troina, Maria Troina, February 26, 2018US Bank v. Haliotis, 2017-07324+1, George Haliotis, Antonia Haliotis, February 26, 2018U.S. Bank National Association v. Haylett, 2017-04557, Elly C. Haylett, January 25, 2018Vargas v. Turner Construction Company, 2017-07953, Rudin West Village, Global Holdings, Inc., West Village Residence, LLC, Rudin Development, LLC, March 8, 2018Wells Fargo Bank, NA v Moxey, 2017-03554+1, Wells Fargo Bank, NA, January 29, 2018Bank of America, NA, ap, v. Venancio Fernandez, res, et al., def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 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.Lourdes Joseph, res, v. L & M Bus Corp. ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 1, 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 Dillon, J.P.; Leventhal, Hinds-Radix and Lasalle, JJ.Daniel S. Perlman, res, v. Ivy May Johnson, ap, et al., def — Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated July 19, 2017, to vacate a stay granted by a decision and order on motion of this Court dated October 27, 2017, for failure to comply with so much of that decision and order on motion as conditioned the stay upon the perfection of the appeal on or before November 27, 2017. Motion by the appellant, in effect, to amend so much of the decision and order on motion of this Court dated October 27, 2017, as conditioned the stay upon the perfection of the appeal on or before November 27, 2017.Upon the papers filed in support of the motions and the papers filed in opposition thereto, it isORDERED that the respondent’s motion is denied; and it is further,ORDERED that the appellant’s motion is granted and the decretal paragraphs of the decision and order on motion of this Court dated October 27, 2017, are amended by deleting therefrom the date “November 27, 2017,” and substituting therefor the date “February 8, 2018.”DILLON, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Gricel R. (Anonymous), ap, v. Felix R. (Anonymous) res — On the Court’s own motion, it isORDERED that the order on certification of this Court dated January 2, 2018, in the above-entitled case is recalled and vacated, and the following order on certification is substituted therefor:Appeal by Gricel R. from an order of the Family Court, Kings County, dated July 21, 2016. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Kenneth Diamond, Esq., dated December 14, 2017, it isORDERED that pursuant to Family Court Act §1120, the following named attorney is assigned as the attorney for the child on the appeal:Mark W. Brandys, Esq.225 Broadway, Suite 1800New York, NY 10007646-266-2493and it is further,ORDERED that Kenneth Diamond, Esq., is directed to turn over all papers in the proceeding to the new attorney for the child herein assigned.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Delmur, Inc., res, v. School Construction Authority ap — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Kings County, dated June 2, 2016 and February 23, 2017, respectively.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the appellants’ time to serve and file a reply brief is enlarged until January 19, 2018, and the reply brief shall be served and filed on or before that date.455 Dumont Associates, LLC, ap, v. Rule Realty Corp., res — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) for a 40-day enlargement of time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated October 26, 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 January 10, 2018, the respondent’s brief shall be served and filed on or before that date, and the application is otherwise denied.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Sean McCarthy, ap, v. Timothy Sini, in his official capacity as Police Commissioner, res — On the Court’s own motion, it isORDERED that the order on application of this Court dated December 7, 2017,in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor: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, Suffolk County, dated March 29, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the appellant’s time to perfect the appeal is enlarged until January 16, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Dillon, J.P.; Leventhal, Connolly and Brathwaite Nelson, JJ.Select Portfolio Servicing, res, v. Sean Charlostin ap — Motion by the appellants to recall and vacate so much of a decision and order on motion of this Court, entitled “MATTER of the Dismissal of Causes for Failure to Perfect,” dated July 5, 2017, as dismissed an appeal from an order of the Supreme Court, Kings County, dated December 19, 2016, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.DILLON, J.P., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Leventhal, Connolly and Brathwaite Nelson, JJ.U.S. Bank National Association, etc., res, v. Camille Parisi, appellant def — Motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated June 8, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied; and it is further,ORDERED that on the Court’s own motion, the appellant is 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 right of direct appeal from the order dated June 8, 2017, terminated with entry of the final judgment of the Supreme Court, Westchester County, dated November 2, 2017 (see Matter of Aho, 39 NY2d 241), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before January 31, 2018, or by making a motion, on or before January 31, 2018, pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment to the extent that it brings the order up for review (see CPLR 5501[a][1]), and to limit the issues raised by the appellant on the appeal from the judgment to the issues raised in connection with the appeal from the order; and it is further,ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant by regular mail.DILLON, J.P., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

 
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