2015-1092 K C. FOREST PARK ACUPUNCTURE, P.C. v. NYCT MABSTOA — Motion by appellant for leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 20, 2015, which was determined by decision and order of this court dated January 20, 2017, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the branch of the motion seeking leave to reargue is granted and, upon reargument, the decision and order of this court dated January 20, 2017 (54 Misc 3d 135[A], 2017 NY Slip Op 50102[U]) is recalled and vacated, and a new decision and order substituted therefor (see appeal No. 2015-1092 K C, decided simultaneously herewith); and it is further,ORDERED that the branch of the motion seeking leave to appeal is denied as academic. ELLIOT, J.P., PESCE and SOLOMON, JJ., concur.December 29, 2017By: Pesce, P.J., Weston, Elliot, JJ.2015-1900 Q C. ACUPUNCTURE HEALTHCARE PLAZA I, P.C. v. ALLSTATE INS. CO. — Appellant Acupuncture Healthcare Plaza I, P.C., having appealed to this court from an order of the Civil Court of the City of New York, Queens County, dated June 11, 2015, and counsel having appeared for a CAMP conference on October 1, 2015, and appellant having perfected the appeal on January 14, 2016, and respondent having filed a brief on April 28, 2016, and both parties having been sent a notice on November 29, 2017, advising each that the appeal was to be heard on submission, and counsel for plaintiff-appellant having notified the court via letter dated December 8, 2017, that the appeal was to be withdrawn, and counsel having attached to the letter a Stipulation of Settlement dated June 28, 2016, more than 17 months earlier,Now, on the court’s own motion, it isORDERED that the appellant and the respondent or their counsel are directed to show cause before this Court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the appellant and the respondent or their respective counsel pursuant to 22 NYCRR 730.3 (f) as this Court may deem appropriate by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on all parties to the action on or before January 22, 2018.Section 730.3 (f) of the rules of this Court provides, in relevant part, that “[i]f an appeal or the underlying action or proceeding is wholly or partially settled…the parties or their counsel shall immediately notify the court. Any attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of costs and/or sanctions as the court may direct” (22 NYCRR 730.3 [f]).The Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.December 27, 2017By: Pesce, P.J., Aliotta, Solomon, JJ.2015-2100 K C. 1646 UNION, LLC v. SIMPSON — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 3, 2015, in effect, to restore the appeal to the general calendar, and to reinstate and continue a stay granted by decision and order on motion of this court dated November 12, 2015, and extended by decisions and orders on motion of this court dated February 22, 2016, May 16, 2016, August 4, 2016, January 24, 2017 and April 6, 2017, respectively. By decision and order on motion of this court dated October 27, 2017, the appeal was stricken from this court’s calendars, as the notice of appeal was defective. By order dated November 1, 2017, the Civil Court granted appellant’s motion to amend the notice of appeal, which was then re-served and filed.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion seeking to restore the appeal to the general calendar is denied as unnecessary, as the appeal will automatically be restored to the general calendar once the record on appeal is received from the Civil Court; and it is further,ORDERED that the branch of the motion seeking to reinstate and continue the stay is granted on condition that appellant perfect the appeal by February 2, 2018 and continue to comply with the other conditions contained in the decision and order on motion of this court dated November 12, 2015; and it is further,ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days’ notice.December 29, 20172015-2101 K C. 1646 UNION, LLC v. WILLIAMS — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 3, 2015, in effect, to restore the appeal to the general calendar, and to reinstate and continue a stay granted by decision and order on motion of this court dated November 12, 2015, and extended by decision and order on motion of this court dated March 14, 2016. By decision and order on motion of this court dated May 25, 2017, the appeal was stricken from this court’s calendars, as the notice of appeal was defective. By order dated November 1, 2017, the Civil Court granted appellant’s motion to amend the notice of appeal, which was then re-served and filed.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion seeking to restore the appeal to the general calendar is denied as unnecessary, as the appeal will automatically be restored to the general calendar once the record on appeal is received from the Civil Court; and it is further,ORDERED that the branch of the motion seeking to reinstate and continue the stay is granted on condition that appellant perfect the appeal by February 2, 2018 and continue to comply with the other conditions contained in the decision and order on motion of this court dated November 12, 2015; and it is further,ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days’ notice.December 29, 20172015-2104 K C. 1646 UNION, LLC v. POLANCO — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 3, 2015, 2015, in effect, to restore the appeal to the general calendar, and to reinstate and continue a stay granted by decision and order on motion of this court dated November 12, 2015, and extended by decisions and orders on motion of this court dated March 14, 2016, July 8, 2016, January 24, 2017 and April 6, 2017, respectively. By decision and order on motion of this court dated October 27, 2017, the appeal was stricken from this court’s calendars, as the notice of appeal was defective. By order dated November 1, 2017, the Civil Court granted appellant’s motion to amend the notice of appeal, which was then re-served and filed.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion seeking to restore the appeal to the general calendar is denied as unnecessary, as the appeal will automatically be restored to the general calendar once the record on appeal is received from the Civil Court; and it is further,ORDERED that the branch of the motion seeking to reinstate and continue the stay is granted on condition that appellant perfect the appeal by February 2, 2018 and continue to comply with the other conditions contained in the decision and order on motion of this court dated November 12, 2015; and it is further,ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days’ notice.December 29, 20172015-2105 K C. 285 SCHENECTADY, LLC v. BROWN — Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 3, 2015, in effect, to restore the appeal to the general calendar, and to reinstate and continue a stay granted by decision and order on motion of this court dated November 12, 2015, and extended by decisions and orders on motion of this court dated February 22, 2016, May 16, 2016, August 31, 2016, January 19, 2017 and April 6, 2017, respectively. By decision and order on motion of this court dated October 27, 2017, the appeal was stricken from this court’s calendars, as the notice of appeal was defective. By order dated November 1, 2017, the Civil Court granted appellant’s motion to amend the notice of appeal, which was then re-served and filed.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion seeking to restore the appeal to the general calendar is denied as unnecessary, as the appeal will automatically be restored to the general calendar once the record is received from the Civil Court; and it is further,ORDERED that the branch of the motion seeking to reinstate and continue the stay granted by decision and order on motion of this court dated November 12, 2015, is granted on condition that appellant perfect the appeal by February 2, 2018 and continue to comply with the other conditions contained in the decision and order on motion of this court dated November 12, 2015; and it is further,ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days’ notice.December 29, 20172016-1392 K C. TAM MED. SUPPLY CORP. v. HEREFORD INS. CO. — 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 February 13, 2015.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 26, 20172017-687 K C. BANK OF AMERICA, N.A. v. SAMUEL — Motion by appellant for an enlargement of time to perfect an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered April 28, 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 without prejudice to renewal upon proper papers, including an affidavit showing that respondent’s counsel was served with the motion.December 27, 20172017-689 K C. BANK OF AMERICA, N.A. v. SAMUEL — Motion by appellant for an enlargement of time to perfect an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered April 28, 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 without prejudice to renewal upon proper papers, including an affidavit showing that respondent’s counsel was served with the motion.December 27, 2017By: Elliot, J.P., Pesce, Aliotta, JJ.2017-2096 K C. 61616, INC. v. BRYANT — 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, dated September 11, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.December 27, 20172017-2097 K C. 61616, INC. v. BRYANT — 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, dated September 11, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.December 27, 2017By: Pesce, P.J., Aliotta, Solomon, JJ.2017-2098 K C. SMITH v. GUERRERO — Motion by appellant for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated September 6, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.December 27, 2017By: Elliot, J.P., Pesce, Aliotta, JJ.2017-2257 K C. SAPPHIRE DEV. GROUP, LLC v. MASSILLON — 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, dated November 2, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.December 27, 2017Ninth and TenthJudical DisTRICTSBy: Marano, P.J., Tolbert, Garguilo, JJ.2016-1111 W CR. THE PEOPLE v. CONDON, JAMES J. — Appeal from judgments of conviction of the Justice Court of the Village of Hastings On Hudson, Westchester County, rendered March 30, 2016. By decision and order on motion dated July 7, 2017, a motion by appellant for an enlargement of time to file an affidavit of errors was granted and appellant’s time to file the affidavit was extended 30 days from the date of that decision and order on motion. Appellant has failed to file an affidavit of errors.Now, on the court’s own motion, it isORDERED that the appeal is dismissed (see People v. Smith, 27 NY3d 643 [2016]).December 27, 20172016-2433 W C. RETAINED REALTY, INC. v. MOSES — Motion by respondent to dismiss an appeal from an order of the Justice Court of the Town of North Castle, Westchester County, dated August 18, 2016, and a final judgment of that court entered September 16, 2016, or, in the alternative, to substitute Daniel Moses, the administrator of the estate of Gertrude Moses, for the deceased occupant Gertrude Moses, and upon substitution, for this court to render a decision on appellant’s motion for a stay, which was held in abeyance by decision and order on motion of this court dated January 19, 2017 pending the substitution of a personal representative for the deceased occupant Gertrude Moses. Upon the papers filed in support of respondent’s motion and no papers having been filed in opposition thereto, and upon the papers filed in support of appellant’s motion and the papers filed in opposition thereto, it isORDERED that the branch of respondent’s motion seeking to dismiss the appeal is denied; and it is further,ORDERED that the branch of respondent’s motion seeking to substitute Daniel Moses, administrator of the estate of Gertrude Moses, for the deceased occupant Gertrude Moses is granted and the caption has been amended accordingly; and it is further,ORDERED that appellant’s motion for a stay is granted on condition that the appeal be perfected on or before March 2, 2018. Appellant is directed to pay respondent use and occupancy at the rate of $2,500 per month beginning January 1, 2018 and to continue to pay respondent use and occupancy at a like rate as it becomes due; and it is further, ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days’ notice.December 27, 20172017-382 S CR. THE PEOPLE v. GOLDMANN, PETER J. — Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered January 19, 2017, in effect, to compel the District Court, pursuant to CPL 460.10 (3), to file an amended return on the affidavit of errors, or, in the alternative, for summary reversal of the judgment of conviction, or, in the alternative, for an enlargement of 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 branches of the motion seeking, in effect, to compel the District Court to file an amended return on the affidavit of errors, or, in the alternative, summary reversal of the judgment of conviction are denied; and it is further,ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and appellant’s time to perfect the appeal is enlarged to February 16, 2018.2017-2224 W CR. THE PEOPLE v. FLORES — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the City Court of White Plains, Westchester County, rendered September 15, 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 no papers having been filed in opposition 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 SCOTT M. BISHOP, ESQ. is assigned pursuant to article 18-B of the County Law; 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 27, 2017
