Appellate Division Second Department Motion List released on: January 16, 2018 By Leventhal, J.P.; Cohen, Maltese and Iannacci, JJ.

Citimortgage, Inc., res, v. Shachar Bayaz, etc., ap, et al., def — 2017-06197Citimortgage, Inc., respondent,v Daoud Biton defendants;Shachar Bayaz, etc., nonparty-appellant.(Index No. 21837/09) Motion by the respondent to dismiss appeals from an order of the Supreme Court, Kings County, dated March 29, 2017, and a judgment of the same court dated April 3, 2017, on the ground that Shachar Bayaz is not aggrieved by the order and the judgment. Application by Shachar Bayaz pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeals are dismissed, without costs or disbursements (see CPLR 5511); and it is further,ORDERED that the application is denied as academic.LEVENTHAL, J.P., COHEN, MALTESE and IANNACCI, JJ., concur.MATTER of Cameron M. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant; Rhona M. (Anonymous), et al., res-res — (Proceeding No. 1)MATTER of Kirsty M. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant; Rhona M. (Anonymous), et al., res-res — (Proceeding No. 2)MATTER of Kurt M. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant; Rhona M. (Anonymous), et al., res-res — (Proceeding No. 3) N-12226-17, N-12215-17, N-12216-17, N-12217-17) — Appeal by Suffolk County Department of Social Services from an order of the Family Court, Suffolk County, dated October 4, 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 order, the briefs for the respondents 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.MATTER of Oliver A. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant-res, Oguis A.-D. (Anonymous), respondent-res-res — (Proceeding No. 1)MATTER of Walgely A. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant-res, Oguis A.-D. (Anonymous), respondent-res-res — (Proceeding No. 2) — Appeal by Suffolk County Department of Social Services, and cross appeal by Oguis A.-D., from an order of the Family Court, Suffolk County, dated October 13, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Jose F. Canosa, Esq., dated January 4, 2018, it isORDERED that Oguis A.-D. is granted leave to proceed as a poor person on the appeal and cross appeal, and the following named attorney is assigned as counsel to prosecute the cross appeal:Gina Scelta, Esq.54 Cherry LaneHuntington, NY 11743631-470-4903and it is further,ORDERED that assigned counsel shall promptly attempt to contact Oguis A.-D. at the address provided by the Court, and on or before January 26, 2018, shall notify the Case Manager assigned to the appeal and cross appeal, in writing, that she has done so and that either(1) Oguis A.-D. is interested in prosecuting the cross appeal, or(2) Oguis A.-D. is not interested in prosecuting the cross appeal, or that she has been unable to contact Oguis A.-D., and wishes to be relieved of the assignment; and it is further,ORDERED that the appeal and cross appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties. 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 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, including the attorney for the children, if any, when counsel serves a brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the cross 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 Oguis A.-D. is interested in proceeding with the cross appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the Family Court, Suffolk County.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Peri W. Feldman, ap, v. Meier Feldman, res — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from two orders of the Supreme Court, Kings County, dated February 17, 2016 and May 5, 2017, respectively, and an amended judgment of the same court dated May 9, 2016.Upon the papers filed in support of the application and the papers filed in opposition and in relation thereto, it isORDERED that the application is granted, the respondent’s time to serve and file a brief is enlarged until February 1, 2018, and the respondent’s brief shall be served and filed on or before that date.Norma Ramos, ap, v. NYCHA, respondent def — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) for an enlargement of time until February 12, 2018 to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated November 4, 2016.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is granted to the extent that the respondent’s time to serve and file a brief is enlarged until February 5, 2018, the respondent’s brief shall be served and filed on or before that date, and the application is otherwise denied.By Leventhal, J.P.; Chambers, Miller and Duffy, JJ.MATTER of Ian Petrossian, ap, v. Elizabeth Petrossian, res — Appeal by Ian Petrossian from an order of the Family Court, Rockland County, dated August 7, 2017. By order to show cause dated December 5, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a dated October 16, 2107, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Application by the appellant to withdraw the appeal.Now, upon the order to show cause and the papers filed in response thereto, and the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion to dismiss the appeal is denied; and it is furtherORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.LEVENTHAL, J.P., CHAMBERS, MILLER and DUFFY, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.PEOPLE, etc., ex rel. Guillermo Torres, pet, v. Warden of the Suffolk County Jail, res — Application by the petitioner for a writ of habeas corpus and for poor person relief.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.By Chambers, J.P.; Hinds-Radix, Duffy and Lasalle, JJ.MATTER of Piper S. (Anonymous). Westchester County Department of Social Services, petitioner-res, Victoria S. (Anonymous), res-res — Motion by the petitioner-respondent to dismiss an appeal from an order of the Family Court, Westchester County, dated September 1, 2017, as untimely taken. Separate motion by the respondent-appellant, inter alia, to stay enforcement of the order dated September 1, 2017, pending hearing and determination of the appeal. Separate motion by the respondent-appellant pro se for poor person relief.Upon the papers filed in support of the petitioner-respondent’s motion and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the respondent-appellant’s motion, inter alia, to stay enforcement of the order dated September 1, 2017, and the papers filed in opposition thereto, and upon the papers filed in support of the respondent-appellant’s motion for poor person relief and no papers having been filed in opposition or in relation thereto, it isORDERED that the petitioner-respondent’s motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,ORDERED that the respondent-appellant’s motions are denied as academic.CHAMBERS, J.P., HINDS-RADIX, DUFFY and LASALLE, JJ., concur.MATTER of Esther M. Conroy, petitioner- res, v. Annemarie D. Conroy, ap, John R. Conroy, res-res — Appeal by Annemarie D. Conroy from an order of the Family Court, Orange County, dated November 21, 2016. 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 petitioner-respondent to serve and file a brief on the appeal is enlarged, and the brief submitted to the Clerk of this Court is accepted for filing and deemed timely served.MATTER of Ted Farkas, res, v. Margaret Farkas, ap — Appeal by Margaret Farkas from an order of the Family Court, Suffolk County, dated October 13, 2017. By order on certification of this Court dated December 28, 2017, the following attorney was assigned as counsel for the appellant on the appeal:Heather Fig, Esq.Bayport Professional Centre982 Montauk Highway, Suite 6Bayport, NY 11705631-419-6111By letter dated January 8, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated December 28, 2017, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Baby Boy N. (Anonymous), a/k/a Ali N. (Anonymous), a/k/a Ali A. (Anonymous). SCO Family of Services, pet-res, et al., petitioner; Albert N. (Anonymous), res-res — (Proceeding No. 1)MATTER of Alberta N. (Anonymous). SCO Family of Services, pet-res, et al., petitioner; Albert N. (Anonymous), res-res — (Proceeding No. 2)MATTER of Albert A. N. (Anonymous), Jr., a/k/a Albert A. N. (Anonymous), a/k/a Albert N. (Anonymous), a/k/a Albert A. (Anonymous). SCO Family of Services, petitioner-respondent petitioner; Albert N. (Anonymous), respondent- ap — (Proceeding No. 3) B-26011/12) — Appeals by Albert N. from three orders of the Family Court, Queens County, all dated October 4, 2016. 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 appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until February 9, 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 Oliver A. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant-res, Oguis A.-D. (Anonymous), respondent-res-res — (Proceeding No. 1)MATTER of Walgely A. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant-res, Oguis A.-D. (Anonymous), respondent-res-res — (Proceeding No. 2) — Appeal by Suffolk County Department of Social Services, and cross appeal by Oguis A.-D., from an order of the Family Court, Suffolk County, dated October 13, 2017. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal by Suffolk County Department of Social Services in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant-respondent of the transcripts of the minutes of the proceedings in the Family Court, and the appellant-respondent shall notify this Court by letter of the date the transcripts are received, or if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant-respondent shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal and cross appeal; or(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this , the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal by Suffolk County Department of Social Services should or should not be dismissed.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Quaiza S. P. (Anonymous), Westchester County Department of Social Services, petitioner-res, Sean S., res-res — MATTER of Disneey C. (Anonymous). Westchester County Department of Social Services, petitioner-res, Sean S., res-res — Appeal by Sean S. from an order of the Family Court, Westchester, County, dated November 2, 2017. By order on certification of this Court dated December 29, 2017, the following attorney was assigned as counsel for the appellant on the appeal:John R. Lewis, Esq.36 Hemlock DriveSleepy Hollow, NY 10591914-332-8629By letter dated January 4, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated December 29, 2017, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Kailynn K. (Anonymous). Administration for Childrens Services, petitioner-res, Jaclyn T. (Anonymous), res-res — (Proceeding No. 1)MATTER of Joel D. (Anonymous). Administration for Childrens Services, petitioner-res, Jaclyn T. (Anonymous), res-res — (Proceeding No. 2) — Appeal by Jaclyn T. from an order of the Family Court, Kings County, dated February 10, 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 13, 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.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Mery Saquipay, res, v. Jose Puzhi, ap — Appeal by Jose Puzhi from an order of the Family Court, Queens County (IDV Part), dated February 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 attorney for the child to serve and file a brief on the appeal is enlarged until February 22, 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.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Julie Migliore, res, v. Marc Santiago, ap — Appeal by Marc Santiago from an order of the Family Court, Westchester County, dated July 6, 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 19, 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 Neleh B. (Anonymous). Administration for Childrens Services, petitioner-res, Quincy J. (Anonymous), res-res — (Proceeding No. 1)MATTER of Winter B. (Anonymous). Administration for Childrens Services, petitioner-res, Quincy J. (Anonymous), res-res — (Proceeding No. 2) — Appeals by Quincy J. from two orders of the Family Court, Queens County, dated April 20, 2017, and July 19, 2017, respectively. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for he children to serve and a brief on the appeals is enlarged until February 13, 2018.By Scheinkman, P.J.MATTER of Flor Graznow, ap, v. Scott Granzow, res — Appeal by Flor Graznow from an order of the Family Court, Orange County, dated October 6, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Anne E. Hunter, Esq., dated January 2, 2018, it isORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:Joseph J. Artrip, Esq.45 Quaker Avenue, Suite 208Cornwall, NY 12518845-534-2968and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this court, and on or before January 30, 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 appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any or orders issued pursuant to §670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Robert Tutaj, etc., res-ap, v. Seaford Union Free School District appellants-res — Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) for an enlargement of time to serve and file a reply brief on an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered January 26, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the appellants-respondents’ time to serve and file a brief is enlarged until February 20, 2018, and the respondents-appellants’ reply brief shall be served and filed on or before that date.MATTER of Gregg Trager, ap, v. Suffolk County, res — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) for a 90-day enlargement of time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated August 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 to the extent that the respondent’s time to serve and file a brief is enlarged until March 19, 2018, the respondent’s brief shall be served and filed on or before that date, and the application is otherwise denied.MATTER of John D. Quinn, deceased. Stanley Cohen, petitioner-appellant; Five Towns College, objectant-res — (File No. 894/2016) — Application by the objectant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Surrogate’s Court, Suffolk County, dated September 14, 2017.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is granted, the applicant’s time to serve and file a brief is enlarged until February 16, 2018, and the applicant’s brief shall be served and filed on or before that date.Q & O Estates Corp., ap, v. US Bank Trust Natl Assoc. respondents def — Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) for an enlargement of time until February 15, 2018, to serve and file a brief on appeals from two orders of the Supreme Court, Kings County, dated April 19, 2017, and August 7, 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 to the extent that the respondents’ time to serve and file a brief is enlarged until February 1, 2018, the respondents’ brief shall be served and filed on or before that date, and the application is otherwise denied.MATTER of Nino C. (Anonymous), Jr. Administration for Childrens Services, petitioner-res, Nino C. (Anonymous), et al., respondents-ap — (Proceeding No. 1)MATTER of Giavanna C. (Anonymous). Administration for Childrens Services, petitioner-res, Nino C. (Anonymous), et al., respondents-ap — (Proceeding No. 2)MATTER of Jonathan D. (Anonymous). Administration for Childrens Services, petitioner-res, Nino C. (Anonymous), et al., respondents-ap — (Proceeding No. 3)MATTER of Amanda H. (Anonymous). Administration for Childrens Services, petitioner-res, Nino C. (Anonymous), et al., respondents-ap — (Proceeding No. 4) N-1705-14, N-1704-14) — Appeals by Annmarie D., and separate appeals by Nino C., from three orders of the Family Court, Richmond County, all dated April 3, 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 2, 2018.By Balkin, J.P.; Austin, Roman and Sgroi, JJ.MATTER of Anita J. U. (Anonymous). Childrens Aid Society, petitioner- res, Jennifer A. (Anonymous), respondent- ap — (Proceeding No. 1)MATTER of Kimberly U. (Anonymous). Childrens Aid Society, petitioner- res, Jennifer A. (Anonymous), respondent- ap — (Proceeding No. 2)MATTER of Reyna M. U.-A. (Anonymous). Childrens Aid Society, petitioner- res, Jennifer A. (Anonymous), respondent- ap — (Proceeding No. 3) — 2017-04716MATTER of Reyna M. U.-A. (Anonymous).Children’s Aid Society, petitioner-respondent; Isaac U. (Anonymous), respondent-appellant respondent.(Proceeding No. 1) MATTER of Kimberly U. (Anonymous).Children’s Aid Society, petitioner-respondent; Isaac U. (Anonymous), respondent-appellant respondent.(Proceeding No. 2) MATTER of Anita J. U. (Anonymous).Children’s Aid Society, petitioner-respondent; Isaac U. (Anonymous), respondent-appellant respondent.(Proceeding No. 3) (Docket Nos. B-4112-15, B-4113-15, B-4114-15) Motion by the Children’s Aid Society, inter alia, to amend the captions to reflect that it is the petitioner-respondent on appeals from two orders of the Family Court, Richmond County, both dated March 21, 2017, to consolidate the appeals, and to enlarge the time of the Children’s Aid Society and the attorney for the children to serve and file their respective briefs.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the branch of the motion which is to amend the caption is granted and the caption is amended as set forth above; and it is further,ORDERED that the branch of the motion which is to enlarge the time of the Children’s Aid Society and the attorney for the children to serve and file their respective briefs is granted, and the time of the Children’s Aid Society and the attorney for the children to serve and file their respective briefs, one for each appeal, is enlarged until February 13, 2018; and it is further,ORDERED that on the Court’s own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,ORDERED that the motion is otherwise denied.BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.MATTER of Law Offices of Frank DeSousa, ap, v. Nassau County respondents-respondents res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated May 26, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the appellant’s time to serve and file a reply brief is enlarged, and the reply brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Madi Grant, ap — On the Court’s own motion, it isORDERED that the decisions and orders on motions of this Court dated December 18, 2017, and December 26, 2017, in the above-entitled case are recalled and vacated, and the following decision and order on motion is substituted therefor:Appeal by Madi Grant from a judgment of the Supreme Court, Nassau County, rendered November 2, 2017. By order dated November 2, 2017, the Supreme Court, Nassau County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief.Now, upon the order dated November 2, 2017, it isORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Arshad Majid, Esq.300 Rabro Drive, Suite 112Hauppauge, NY 11758and 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.Rebecca Geffner, etc., ap, v. Mercy Medical Center respondents def — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) for a 45-day enlargement of time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated March 8, 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 serve and file a reply brief is enlarged until January 25, 2018, the reply 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.Adam Rosenstock, res, v. Natalya Rosenstock, ap — Appeal by Natalya Rosenstock from a judgment of the Supreme Court, Kings County, dated March 23, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the children to serve and file a brief on the appeal is enlarged until February 9, 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.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Kyle S. Novotny, ap — Appeals by Kyle S. Novotny from two judgments of the Supreme Court, Kings County, both rendered April 28, 2016.On the Court’s own motion, it isORDERED that the appeals are consolidated; and it is further,ORDERED that the decision and order on motion of this Court dated May 5, 2017, which granted poor person relief and assigned counsel to the appellant with respect to the appeal under Superior Court Information No. 214/13 is amended to reflect that poor person relief and assignment of counsel are also granted with respect to the appeal under Superior Court Information No. 263/13.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Hasan I. Brown, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered June 28, 2017 as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Martin Goldberg, Esq.672 Dogwood Avenue #183Franklin Square, NY 11010and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Dillon, J.P.; Leventhal, Lasalle and Brathwaite Nelson, JJ.PEOPLE, res, v. Rafael Disla, ap — Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated July 28, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing held in connection with the order dated July 28, 2017, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant’s counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that the branch of the motion which is to assign counsel is granted and pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Paul Skip Laisure, Esq.Appellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with or considered by the trial court in connection with the appellant’s risk level determination, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that the filing fee is waived (see CPLR 1102[d]); and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.DILLON, J.P., LEVENTHAL, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Umberto Califano, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered September 8, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Thomas A. Kenniff, Esq.87 Walker StreetNew York, New York 10013and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. David H. Spencer, ap — Motion by the appellant pro se for leave to prosecute appeals from two judgments of the County Court, Nassau County, both rendered January 6, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeals:Warren Landau, Esq.448 West BroadwayCedarhurst, New York 11516and it is further,ORDERED that the appellant’s time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Shaquon Lockwood, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered November 16, 2016, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Andrew E. MacAskill, Esq.355 Post Avenue, Suite 201Westbury, New York 11590and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. John A. Hines, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered August 16, 2017 as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Stephen Mahler, Esq.125-10 Quens Blvd., Suite 311Kew Gardens, NY 11415and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Nationstar Mortgage, LLC, res, v. Marie Jose Brignol, appellant def — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) for a 30-day enlargement of time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, entered May 4, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted to the extent that the respondent’s time to serve and file a brief is enlarged until January 23, 2018, the respondent’s brief shall be served and filed on or before that date, and the application is otherwise denied.By Balkin, J.P.; Austin, Roman and Sgroi, JJ.MATTER of Andres Felipe Florez Rojas, ap, v. Suffolk County Sheriff’s Office res — Motion by Andres Felipe Florez Rojas for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated December 8, 2017, and, inter alia, to enjoin the respondents from detaining him, pending hearing and determination of the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,ORDERED that on the Court’s own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,ORDERED that the motion is otherwise denied as academic.BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Michael Walker, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered August 30, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Paul Skip Laisure, Esq.Appellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Roman, J.PEOPLE, etc., plf, v. Peter Garcia, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Queens County, dated May 16, 2017, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Roman, J.PEOPLE, etc., plf, v. Steven Johnson, def — Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated June 1, 2017, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.U.S. Bank National Association, etc., res, v. Janet Lloyd, etc. ap, Mortgage Electronic Registration Systems, Inc. def — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 5, 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.Hector Vergel, appellant-res, v. 78-19 Jamaica Avenue, LLC respondents-appellants (and a third-party action). — Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Queens County, dated November 17, 2015.Upon the stipulation of the attorneys for the respective parties to the appeal and cross appeal dated January 9, 2018, it isORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Zaakirah R. (Anonymous), ap — Administration for Children’s Services, petitioner- res, Sherrell H. (Anonymous) res-res — Application by the appellant to withdraw an appeal from an order of the Family Court, Richmond County, dated November 28, 2016.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.MATTER of Zaakirah R. (Anonymous), ap — Administration for Children’s Services, petitioner- res, Sherrell H. (Anonymous), respondent- res, Eric R. (Anonymous), nonparty-res — Application by the appellant to withdraw an appeal from an order of the Family Court, Richmond County, dated June 14, 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 Balkin, J.P.; Austin, Roman and Sgroi, JJ.MATTER of Ernest Hodges, res, v. Dina Lawless, ap — Motion by the respondent pro se for poor person relief and the assignment of counsel on an appeal from an order of the Family Court, Suffolk County, dated June 5, 2017.Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it isORDERED that the motion is granted and pursuant to Family Court Act §1120 the following named attorney is assigned as counsel to prosecute the appeal:Del Atwell, Esq.39 5th StreetEast Hampton, NY 11937631-267-2067and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the respondent’s time to serve and file a brief is enlarged until February 20, 2018, and the respondent’s brief shall be served and filed on or before that date.BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.By Balkin, J.P.; Austin, Roman and Sgroi, JJ.MATTER of Darren Palmitesta, ap, v. Elizabeth Palmitesta, res — Appeal by Darren Palmitesta from an order of the Family Court, Nassau County, dated July 31, 2017. By order to show cause dated November 17, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a dated September 15, 2017, pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant’s motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion to dismiss the appeal is denied; and it is further,ORDERED that the appellant’s motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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 pursuant to Family Court Act §1120 the following named attorney is assigned as counsel to prosecute the appeal:Judah Maltz, Esq.125-10 Queens Boulevard, Suite 12Kew Gardens, NY 11415718-544-8840and 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this decision and order on motion; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, 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 the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that this decision and order on motion has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shallissue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.By Mastro, J.P.; Cohen, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Eduard Nikhman, ap — Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered February 6, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appellant’s moving papers are deemed to constitute a timely notice of appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Paul Skip Laisure, Esq.Appellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.MASTRO, J.P., COHEN, LASALLE and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.PEOPLE, etc., res, v. Antonio S. Webb, ap — Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Nassau County, rendered May 17, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appellant’s moving papers are deemed to constitute a timely notice of appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Matthew W. Brissenden, Esq.666 Old Country Road-Suite 501Garden City, NY 11530and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.MATTER of Applications for Extensions of Time — Parties in the following causes have filed applications pursuant to 22 NYCRR 670.8(d)(2) to extend the time to perfect or to serve and file a brief.Upon the papers filed in support of the applications, it isORDERED that the applications are granted and the following parties in the following causes are granted the specified extensions of time:Title Docket No. Applicant Name(s) Extended DeadlineAssevero v. Hamilton & 2017-07316Hamilton & Church Properties,Church Properties, LLC LLCFebruary 27, 2018Ben-Efraim v. Demiris2017-05864Nilly Ben – EfraimFebruary 15, 2018Bermejo v. New York City2017-07745Ibex Construction, LLCHealth & HospitalsAmsterdam & 76th Associates,CorporationLLCMarch 12, 2018Boody v. El Sol Contracting2017-03880Robert Boodyand Construction CorporationFebruary 1, 2018Deutsche Bank National 2017-08169Ramakrishna KaribandiTrust Company v. KaribandiFebruary 7, 2018Dorchester, L.L.C. v. Herzka2017-07779Herzka Insurance Agency, Inc.Insurance Agency, Inc. February 5, 2018Esemplare v. Garrett2017-09519Jon Paul EsemplareApril 2, 2018Magnano v. Dimisa2017-05180Laurence S. MagnanoFebruary 7, 2018Nationstar Mortgage, LLC 2017-08057+1Joan Ellis February 7, 2018v EllisTitle Docket No. Applicant Name(s) Extended DeadlineNationstar Mortgage LLC2017-07268Jermaine Francisv FrancisFebruary 9, 2018Nowakowski v. Broadway2017-08151Robert E. NowakowskiStagesMarch 12, 2018Paul v. Lilmor Management, 2017-07200Lilmor Management, LLCLLC100 Realty, LLCMarch 7, 2018People v. Roland, Tyrice D. 2016-05313People of State of New York February 9, 2018People v. Toro, Phillip C.2017-05485People of State of New YorkFebruary 7, 2018RD Legal Funding 2017-08578Worby Groner Edelman &Partners, LP v. Worby GronerNapoli Bern, LLPEdelman & Napoli Bern, LLPMarch 26, 2018Reis v. J.B. Kaufman2017-10961J.B. Kaufman Realty Co. LLCRealty Co., LLC43-01 22nd Street Owner, LLCFebruary 6, 2018Stewart v. Berger2017-08021David M. BergerTenenbaum & Berger, LLPTenenbaum, Dunbar & Berger,LLPFebruary 13, 2018Sudit v. Eliav2016-12799Eli EliavBank of America, N.A.February 21, 2018Sudit v. Schapiro2016-12916Schneuer Z. SchapiroChana SchapiroWells Fargo BankFebruary 21, 2018US Bank v. Amo2017-07589Ketih AmoMarina Amo March 6, 2018US Bank v. Joseph2017-08034Elis JosephMarch 8, 2018Velednitskaya v. Smile 2017-07607Smile Today Corp.Today Corp. Basil HunterFebruary 8, 2018Title Docket No. Applicant Name(s) Extended DeadlineWells Fargo Bank, N.A. 2017-06952Luwai Khomusiv KhomusiFebruary 9, 2018Wells Fargo Bank, 2017-08601Joseph T. MohenNational Associationv MohenFebruary 14, 2018Wells Fargo Bank, N.A. 2017-08599Clotaire Pierre Louisv Pierre LouisMargo Pierre LouisFebruary 14, 2018By Austin, J.P.; Roman, Sgroi and Connolly, JJ.Anthony Genovese res, v. Louis Guzman ap — Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered September 12, 2017, in effect, to amend so much of a decision and order on motion of this Court dated November 28, 2017, as conditioned a stay of any acts in furtherance of the dissolution of Magnetic Builders Group, LLC, upon the perfection of the appeal on or before December 29, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted, and the decretal paragraphs of the decision and order on motion of this Court dated November 28, 2017, are amended by deleting therefrom the date “December 29, 2017,” and substituting therefor the date “February 20, 2018.”AUSTIN, J.P., ROMAN, SGROI and CONNOLLY, JJ., concur.By Priscilla Hall, J.P.; Cohen, Barros and Christopher, JJ.Diego Nieto, appellant-res, v. L.C. Driggs Corporation, respondent- ap — Renewed motion by the appellant-respondent to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated February 22, 2017, to enlarge the record to include a certain document, to strike stated portions of the record, and to enlarge the time to serve and file a reply brief. Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is to enlarge the appellant-respondent’s time to serve and file a reply brief and the application for that relief are granted, the appellant-respondent’s time to serve and file a reply brief is enlarged until January 30, 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.HALL, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur.Angela G. Iannacci, Associate Justice The People, etc., plaintiff, v Alex Garcia, defendant.Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Queens County, dated September 28, 2017, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.