Appellate Division Second Department Motion List released on: January 22, 2018 By Priscilla Hall, J.P.; Sgroi, Cohen and Connolly, JJ.

Paul Kandel plf, v. FN; Taxi; Inc., etc., et al., def, Brickman Group, Ltd., LLC, res, Port Authority of New York and New Jersey, ap — (Action No. 1)Robert Flavors plf, v. FN; Taxi; Inc., etc., et al., def, Brickman Group, Ltd., LLC, res, Port Authority of New York and New Jersey, ap — (Action No. 2)— Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 28, 2017, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court in the above-entitled action dated September 12, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that on the Court’s own motion, the notice of appeal from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.HALL, J.P., SGROI, COHEN and CONNOLLY, JJ., concur.By Priscilla Hall, J.P.; Sgroi, Cohen and Connolly, JJ.U.S. Bank National Association, etc., plaintiff- res, v. Alphonso Giraldo, ap, Mortgage Electronic Registration Systems, Inc., etc., def-res — Motion by the plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered April 28, 2017, on the ground that the appellant is not aggrieved.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.HALL, J.P., SGROI, COHEN and CONNOLLY, JJ., concur.By Dillon, J.P.; Cohen, Duffy and Connolly, JJ.John A. Trulio, Jr., res-ap, v. Village of Ossining, appellant-res — Motion by the respondent-appellant on an appeal and a cross appeal from an order of the Supreme Court, Westchester County, dated October 15, 2015, which was determined by decision and order of this Court dated August 2, 2017, for leave to reargue stated portions of the appeal. Separate motion by the respondent-appellant for leave to reargue so much of the decision and order of this Court dated August 2, 2017, as awarded costs to the appellant-respondent.Upon the papers filed in support of the motions and the papers filed in opposition thereto, it isORDERED that the motions are denied, with $100 costs.DILLON, J.P., COHEN, DUFFY and CONNOLLY, JJ., concur.By Balkin, J.P.; Leventhal, Hinds-Radix and Maltese, JJ.Wells Fargo Bank, N.A., res, v. Jose B. Illescas ap, et al., def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated April 15, 2016, on the ground that no appeal lies from an order entered upon the default of the appealing party.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511).BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.By Dillon, J.P.; Miller, Barros and Christopher, JJ.Board of Managers of Village Mall At Hillcrest Condominium, res, v. Sunil Banerjee, et al., ap — Appeals from an order of the Supreme Court, Queens County, dated December 22, 2016. By order to show cause dated October 20, 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 insofar as taken by Sunil Banerjee on the ground that the notice of appeal dated January 23, 2017, was filed in violation of the statutory stay of proceedings which arose upon his death, on January 3, 2017, and that the attorney who filed the notice of appeal lacked authority to act on behalf of the deceased.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal purportedly taken by Sunil Banerjee is granted, and the appeal purportedly taken by Sunil Banerjee is dismissed, without costs or disbursements (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v. Rosemberg, 90 AD3d 713; Lewis v. Kessler, 12 Ad3d 421, 422).DILLON, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Leventhal, Hinds-Radix and Maltese, JJ.Theresa Maddalena, etc. ap, v. Bradley Golden res — Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, dated October 6, 2016, for failure to timely perfect.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.By Balkin, J.P.; Leventhal, Hinds-Radix and Maltese, JJ.US. Bank National Association, etc., res, v. Mary v. Tropeano, appellants def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 26, 2017, for failure to timely perfect.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.By Chambers, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.Karen Flynn, etc., ap, v. Hometown Taxi, Inc., def, Public Administrator of the County of Suffolk, etc., res — Appeal from an order of the Supreme Court, Suffolk County, dated July 27, 2017. By order to show cause dated November 16, 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 action on the grounds that, inter alia, the parties identified as the appellants in the notice of appeal are not aggrieved by the order dated July 27, 2017. Application to withdraw the appeal.Now, upon the order to show cause and the papers filed in response 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 application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,ORDERED that the motion to dismiss the appeal is denied as academic.CHAMBERS, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Balkin, J.P.; Leventhal, Hinds-Radix and Maltese, JJ.Catherine Marchello, etc., res, v. Perfect Little Productions, Inc., et al., ap — Application by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered February 4, 2016, in effect, to substitute Stephen Craig Young, as personal representative of the estate of Valeria Valente Young, for the deceased appellant Valeria Valente Young, sued herein as Mrs. Steve Young, a/k/a Valerie Valente, to amend the caption accordingly, and to enlarge the time to perfect the appeal. The appellant Valeria Valente Young, sued herein as Mrs. Steve Young, a/k/a Valerie Valente, died on August 17, 2015. By order to show cause dated October 20, 2017, the branches of the application which were for substitution and to amend the caption were granted, the parties were directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the appeal on the grounds that the notice of appeal was filed in violation of the statutory stay of proceedings which arose upon the death of Valeria Valente Young, sued herein as Mrs. Steve Young, a/k/a Valerie Valente, and (2) vacating the order entered February 4, 2016, as a nullity, and the branch of the application which was to enlarge the appellants’ time to perfect the appeal was held in abeyance in the interim.Now, upon the order to show cause and no papers having been filed in response 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 to dismiss the appeal and vacate the order is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v. Rosemberg, 90 AD3d 713) and the order entered February 4, 2016, is vacated as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181); and it is further,ORDERED that the branch of the application which is to enlarge the appellants’ time to perfect the appeal is denied as academic.BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.By Mastro, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.PEOPLE, res, v. Ramon Lopez, ap — Motion by the appellant’s assigned counsel on an appeal from an order of the Supreme Court, Kings County, dated August 3, 2016, in effect, to be relieved on the ground that the appellant has absconded and is not presently available to obey the mandate of the Court.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is dismissed without prejudice to renew upon proper papers, including proof of service upon the appellant at his last known place of residence (see CPL 470.60[2]).MASTRO, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Priscilla Hall, J.P.; Roman, Cohen and Barros, JJ.PEOPLE, etc., res, v. Muhammad Abdallah, ap — Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated August 21, 2015, which was determined by decision and order of this Court dated September 27, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.HALL, J.P., ROMAN, COHEN and BARROS, JJ., concur.By Mastro, J.P.; Leventhal, Austin and Roman, JJ.MATTER of Bonefish Grill, LLC, respondent- ap, v. Zoning Board of Appeals of Village of Rockville Centre, appellant-res — Motion by the respondent-appellant for leave to reargue appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, dated March 10, 2015, and three orders of the same court dated October 30, 2014, December 23, 2014, and February 23, 2015, respectively, and cross appeals from the order and judgment and the order dated February 23, 2015, which were determined by decision and order of this Court dated September 27, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.MASTRO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.By Chambers, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.Karen Flynn, etc., ap, v. Strickly Suffolk, Inc., res — Appeal from an order of the Supreme Court, Suffolk County, dated July 27, 2017. By order to show cause dated November 16, 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 action on the grounds that, inter alia, the parties identified as the appellants in the notice of appeal are not aggrieved by the order dated July 27, 2017. Application to withdraw the appeal.Now, upon the order to show cause and the papers filed in response 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 application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,ORDERED that the motion to dismiss the appeal is denied as academic.CHAMBERS, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Dillon, J.P.; Leventhal, Connolly and Brathwaite Nelson, JJ.Asher Ganach, etc., ap, v. Charles Milloul res — Motion by the appellant to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated August 9, 2016, and a judgment of the same court entered July 11, 2017, and to consolidate the appeals.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that on the Court’s own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from the order are brought up for review and may be raised on the appeal from the judgment; and it is further,ORDERED that the motion is granted to the extent that the appellant’s time to perfect the appeal from the judgment is enlarged until March 12, 2018, and the motion is otherwise denied as academic.DILLON, J.P., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.By Chambers, J.P.; Miller, Barros and Connolly, JJ.Andrew Deserto, Jr., res, v. Goshen Central School District ap — Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this Court dated August 9, 2017, which determined an appeal from an order of the Supreme Court, Orange County, dated April 27, 2015.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted, the appellants’ time to serve and file a reply brief is enlarged until May 11, 2016, and the reply brief shall be served and filed on or before that date.CHAMBERS, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.By Leventhal, J.P.; Austin, Miller and Duffy, JJ.PEOPLE, etc., res, v. Glenford Nickey, ap — Motion by the appellant, in effect, to restore to active status an appeal from a resentence of the Supreme Court, Westchester County, imposed April 27, 2011, and to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is enlarged, and the appellant shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions.LEVENTHAL, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.By Chambers, J.P.; Miller, Hinds-Radix and Lasalle, JJ.Albert Michael, res, v. He Gin Lee Architect Planner, PLLC ap — Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, entered April 16, 2015, which was determined by decision and order of this Court dated August 16, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.By Leventhal, J.P.; Chambers, Miller and Duffy, JJ.Mathew Abraham res, v. American Gardens Company, LLC, et al., ap — Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered January 20, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted, the appellants’ time to perfect the appeal is enlarged until February 21, 2018, and the record or appendix on the appeal and the appellants’ brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.LEVENTHAL, J.P., CHAMBERS, MILLER and DUFFY, JJ., concur.By Leventhal, J.P.; Chambers, Miller and Duffy, JJ.Angella J. Pusey, ap, v. HSBC Bank USA, N.A., res — Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, entered January 24, 2017, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion is granted.LEVENTHAL, J.P., CHAMBERS, MILLER and DUFFY, JJ., concur.By Dillon, J.P.; Leventhal, Connolly and Brathwaite Nelson, JJ.MATTER of Michael J. Tropp, etc. res, v. City of New York Environmental Control Board ap — 2016-13471MATTER of Michael J. Tropp, etc., respondents, v. City of New York EnvironmentalControl Board appellants.(Index No. 16313/14) Motion by the appellants to consolidate appeals from an order and judgment (one paper) and a judgment of the Supreme Court, Kings County, both dated June 20, 2016, and to enlarge the time to perfect the appeals.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 consolidate the appeals is denied; 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 branch of the motion which is to enlarge the time to perfect the appeals is granted, and the time to perfect the appeals is enlarged until February 21, 2018.DILLON, J.P., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.By Roman, J.P.; Cohen, Miller and Barros, JJ.MATTER of Lola Linder, deceased. Anthony A. Caracciolo, petitioner-res, Alecia Ingber, res-res — (File No. 4686/93) — Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this Court dated September 20, 2017, which determined an appeal from an order of the Surrogate’s Court, Kings County, dated June 30, 2015.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.ROMAN, J.P., COHEN, MILLER and BARROS, JJ., concur.By Mastro, J.P.; Rivera, Hall and Maltese, JJ.MATTER of London Leasing Limited Partnership, ap, v. Division of Housing and Community Renewal, res — Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, entered July 7, 2015, which was determined by decision and order of this Court dated August 16, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.MASTRO, J.P., RIVERA, HALL and MALTESE, JJ., concur.By Priscilla Hall, J.P.; Roman, Cohen and Barros, JJ.MATTER of Fred C. Dicker, ap, v. Glen Oaks Village Owners, Inc. res — Motion by the respondent Glen Oaks Village Owners, Inc., for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, entered June 28, 2016, which was determined by decision and order of this Court dated September 27, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.HALL, J.P., ROMAN, COHEN and BARROS, JJ., concur.By Dillon, J.P.; Leventhal, Connolly and Brathwaite Nelson, JJ.Veeramuth P. Gounder, plf, v. Communicar, Inc. def — (Appellate Term Docket No. 2015-00102QC; Civil Court Index No. CV92419/11) — Motion by Veeramuth P. Gounder for leave to appeal to this Court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated May 17, 2017, which affirmed an order of the Civil Court of the City of New York, Queens County, entered December 17, 2014.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.DILLON, J.P., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.By Chambers, J.P.; Austin, Roman and Barros, JJ.SJSJ Southold Realty, LLC, ap, v. Elizabeth Fraser, etc. res — Motion by the appellant for leave to reargue appeals from an order of the Supreme Court, Suffolk County, dated July 30, 2015, and a judgment of the same court entered October 2, 2015, which were determined by decision and order of this Court dated May 10, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.CHAMBERS, J.P., AUSTIN, ROMAN and BARROS, JJ., concur.By Balkin, J.P.; Austin, Roman and Sgroi, JJ.PEOPLE, etc., res, v. Eric Dancy, ap — Motion by the appellant to deem a decision and order on motion of this Court dated October 6, 2016, which granted the appellant’s motion pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered October 9, 2015, under Indictment No. 4311/13, subsequently designated as Indictment No. 4311/13A, to also grant relief with respect to an appeal from a judgment of the same court also rendered October 9, 2015, under Indictment No. 4737/13, subsequently designated as Indictment No. 4311/13B, and to deem a decision and order on motion of this Court dated December 5, 2016, which granted poor person relief and the assignment of counsel with respect to the appeal from the judgment under Indictment No. 4311/13, subsequently designated as Indictment No. 4311/13A, to also grant poor person relief and the assignment of counsel with respect to the appeal from the judgment under Indictment No. 4737/13, subsequently designated as Indictment No. 4311/13B.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted and the decisions and orders on motion of this Court dated October 6, 2016, and December 5, 2016, are deemed to reflect that leave to file a late notice of appeal, poor person relief, and the assignment of counsel are also granted with respect to the appeal from the judgment under Indictment No. 4737/13, subsequently designated as Indictment No. 4311/13B.BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.By Balkin, J.P.; Austin, Roman and Sgroi, JJ.JPMorgan Chase Bank, National Association, res, v. Stephanie Fritzhand, et al., ap — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered September 27, 2016, for failure to timely perfect. Application by the appellants to withdraw the appeal.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the stipulation of the attorneys for the respective parties to the appeal dated December 5, 2017, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,ORDERED that the motion is denied as academic.BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.By Leventhal, J.P.; Sgroi, Miller and Maltese, JJ.MATTER of Frank A. Lee, deceased. Brenda Van der Mije petitioners- appellants; Bank of New York Mellon, et al., res-res — (Proceeding No. 1) (File No. 137494/I)MATTER of Jane E. Lee, deceased. Brenda Van der Mije petitioners- appellants; Bank of New York Mellon, et al., res-res — (Proceeding Nos. 2-4) (File Nos. 211180/F, 341112/B, 341113/B) — Motion by the petitioners-appellants for leave to reargue appeals from four decrees of the Surrogate’s Court, Nassau County, three dated December 19, 2014, and one dated December 24, 2014, which were determined by decision and order of this Court dated August 23, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.LEVENTHAL, J.P., SGROI, MILLER and MALTESE, JJ., concur.By Balkin, J.P.; Austin, Roman and Sgroi, JJ.Olga Vernigora, etc. res, v. Rimma Gelbert, etc. ap — Separate motions by the appellant Rimma Gelbert, the appellant Reuven Moshenyat, the appellants John Rigney and Urban Radiology, P.C., and the appellant Jeffrey N. Lang, to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated August 18, 2016.Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it isORDERED that the motions are granted, the appellants’ time to perfect the appeals is enlarged until February 20, 2018, and the joint record or appendix on the appeals and the appellants’ respective briefs shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.By Balkin, J.P.; Austin, Roman and Sgroi, JJ.Sang Seok Na, ap, v. Paul H. Schietroma, etc. res — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered September 21, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is enlarged until February 20, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.By Balkin, J.P.; Austin, Roman and Sgroi, JJ.P.B. #7, LLC, res, v. 231 Fourth Avenue Lyceum, LLC def, Eric Richmond, ap — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 13, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the respondent’s time to serve and file a brief is enlarged until February 22, 2018, and the respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.By Balkin, J.P.; Austin, Roman and Sgroi, JJ.Cenlar (FSB), res, v. Isaac Tenenbaum ap — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 29, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the 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; and it is further,ORDERED that no further enlargement of time shall be granted.BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.Matter of Alan Belsky ap, v. Robert Laga res, Jay Moskowitz res-res — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Putnam County, dated June 30, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the appellants’ time to perfect the appeal is enlarged until March 14, 2018, and the record or appendix on the appeal and the appellants’ brief shall be served and filed on or before that date.MATTER of Edward Wydra res, v. Mendel Brach appellants; Marcy Towers, LLC intervenors. — Separate applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Kings County, entered March 23, 2017.Upon the papers filed in support of the applications and the papers filed in opposition thereto, it isORDERED that the applications are granted, the appellants’ time to perfect the appeals is enlarged until February 1, 2018, and the joint record or appendix on the appeals and the appellants’ respective briefs shall be served and filed on or before that date.By Rivera, J.P.; Miller, Nelson and Miller, JJ.Giuseppa Gullo, plf-res, v. City of New York def, Metropolitan Transportation Authority, et al., def-res, Verizon New York, Inc., ap — Motion by the plaintiff-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 30, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the plaintiff-respondent’s time to serve and file a brief is enlarged until March 5, 2018, and the plaintiff-respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.RIVERA, J.P., MILLER, BRATHWAITE NELSON and IANNACCI, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Todd Ruffalo, ap, v. Franzoso Contracting, Inc., et al., res — Appeal by Todd Ruffalo from an unsigned transcript of the Supreme Court, Westchester County, dated August 29, 2017.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an unsigned transcript (see Ojeda v. Metropolitan Playhouse, Inc., 120 AD2d 717).SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Ilda Lliguicota, res, v. Cesar Calva, ap — Appeal by Cesar Calva from an order of the Family Court, Kings County, dated November 17, 2017.By decision and order on certification of this Court dated December 29, 2017, the following attorney was assigned as counsel for the appellant on the appeal:Francine Shraga, Esq.869 East 12th StreetBrooklyn, Ny 11230718-377-4894By letter dated January 15, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this  ; and it is further,ORDERED that within 30 days after the date of this  , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcripts has not been received, an affidavit or affirmation stating that the order on certification of this Court dated 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 Kwaku Quartey, petitioner- ap, v. Latanya Genise Van Buren, res, Kamiya-Lynn Q. (Anonymous), nonparty-ap — (Proceeding No. 1)MATTER of Latanya Genise Van Buren, res, v. Kwaku Quartey, respondent- appellant; Kamiya-Lynn Q. (Anonymous), nonparty-ap — (Proceeding No. 2) — Appeal by Kwaku Quartey, and separate appeal by Kamiya-Lynn Q., from an order of the Family Court, Kings County, dated September 8, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Francine Shraga, Esq., dated January 12, 2018, it isORDERED that the respondent is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to respond to the appeals:Salvatore C. Adamo, Esq.350 Fifth Avenue, 59th FloorNew York, NY 10118212-964-7983and it is further,ORDERED that assigned counsel shall promptly attempt to contact the respondent at the address provided by the Court, and shall notify the Case Manager assigned to the appeals on or before February 5, 2018, in writing, that he has done so and that either(1) the respondent is interested in responding to the appeals, or(2) the respondent is not interested in responding to the appeals, or that he has been unable to contact the respondent, and wishes to be relieved of the assignment.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Andrew E. (Anonymous) II, ap, v. Angela N. S. (Anonymous), respondent — Appeal by Andrew E. from an order of the Family Court, Queens County, dated November 9, 2017.By decision and order on certification of this Court dated January 8, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Larry S. Bachner, Esq.39 Broadway, Suite 1610New York, NY 10006917-674-9576By letter dated January 16, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this  ; and it is further,ORDERED that within 30 days after the date of this  , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcripts has not been received, an affidavit or affirmation stating that the order on certification of this Court dated January 8, 2018, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this  , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.By Scheinkman, P.J.; Rivera, Dillon, Balkin and Chambers, JJ.MATTER of Quinton Carr, appellant-res, v. Armani Thomas, res-res — Appeal by Quinton Carr, and cross appeal by Armani Thomas, from an order of the Family Court, Queens County, dated November 30, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Daniel E. Lubetsky, Esq., dated January 16, 2018, it isORDERED that the appellant-respondent is granted leave to proceed as a poor person and the following named attorney is assigned as counsel to prosecute the appeal:Daniel E. Lubetsky, Esq.155-03 Jamaica AvenueJamaica, NY 11432(718) 264-8156ORDERED 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-respondent, the respondent-appellant, 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 and cross appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that assigned counsel shall serve a copy of this order upon the clerk of the court from which the appeal and cross appeal are taken; and it is further,ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this order; and it is further,ORDERED that within 30 days after the date of this order, the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal and cross appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcripts have been received, and indicating the date received; or(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal and cross appeal are taken, the date thereof, and the date by which the transcripts are expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this  , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.SCHEINKMAN, P.J., RIVERA, DILLON, BALKIN and CHAMBERS, JJ., concur.By Leventhal, J.P.; Cohen, Maltese and Barros, JJ.HSBC Bank USA, National Association, etc., ap, v. Andrew Parker def, 43 Monroe, LLC, res — Motion by the appellant to stay the sale or encumbrance of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 19, 2017, and pursuant to CPLR 5518, 6501, 6511, and 6513 to amend and extend the duration of the notice of pendency for a period of three years.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is to stay the sale or encumbrance of the subject premises is granted and the sale or encumbrance of the subject premises, located at 43 Monroe Street, Brooklyn, NY, is stayed pending hearing and determination of the appeal; and it is further,ORDERED that the motion is otherwise denied.LEVENTHAL, J.P., COHEN, MALTESE and BARROS, JJ., concur.By Scheinkman, P.J.; Rivera, Dillon, Balkin and Chambers, JJ.MATTER of Joseph H. (Anonymous), ap, v. Westchester County Department of Social Services, on behalf of Ayisha M. (Anonymous), res — Appeal by Joseph H. from an order of the Family Court, Westchester County, dated October 25, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Trevor Eisenman, Esq., 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:Trevor Eisenman, PC180 S. Broadway, Suite 302White Plains, NY 10605914-368-9683ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that assigned counsel shall serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this order; and it is further,ORDERED that within 30 days after the date of this order, the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcripts have been received, and indicating the date received; or(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this  , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.SCHEINKMAN, P.J., RIVERA, DILLON, BALKIN and CHAMBERS, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Jonah B. (Anonymous). Administration of Childrens Services, petitioner-res, Riva v. (Anonymous), respondent-appellant res — (Proceeding No. 1)MATTER of Adele S. (Anonymous). Administration of Childrens Services, petitioner-res, Riva v. (Anonymous), respondent-appellant res — (Proceeding No. 2)MATTER of Talia Benyaminova S. (Anonymous). Administration of Childrens Services, petitioner-res, Riva v. (Anonymous), respondent-appellant res — (Proceeding No. 3) — Appeal by Riva V. from an order of the Family Court, Queens County, dated November 9, 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 attorney for the children to serve and file a brief on the appeal is enlarged until February 20, 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 Krishna K. Snowden, res, v. Curtis D. Snowden, ap — Appeal by Curtis D. Snowden from an order of the Family Court, Suffolk County, dated March 24, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until February 16, 2018.Hyon Chu Kim, ap, v. Anthony Denicker res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) for a 30-day enlargement of time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated April 18, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted to the extent that the appellant’s time to serve and file a reply brief is enlarged until February 13, 2018, the reply brief shall be served and filed on or before that date, and the application is otherwise denied.By Rivera, J.P.; Austin, Connolly and Lasalle, JJ.PEOPLE, etc., res, v. Tracy R. Watkins, 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, Suffolk County, rendered October 28, 2016, 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:Laurette Mulry, Esq.Legal Aid Society of Suffolk County- Appeals Bureau300 Center DrivePO Box 1697Riverhead, New York 11901and 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.RIVERA, J.P., AUSTIN, CONNOLLY and IANNACCI, JJ., concur.MATTER of Symphani F. G. (Anonymous). Administration for Childrens Services, petitioner-res, Otis G. (Anonymous), res-res — Appeals by Otis G. from two orders of the Family Court, Queens County, dated November 17, 2016, and May 30, 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 petitioner-respondent to serve and file a brief on the appeals is enlarged until February 20, 2018.By Rivera, J.P.; Austin, Connolly and Iannacci, JJ.PEOPLE, etc., res, v. Herbie T. White, ap — Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered April 18, 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:Laurette Mulry, Esq.Legal Aid Society of Suffolk County- Appeals Bureau300 Center DrivePO Box 1697Riverhead, New York 11901and 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.RIVERA, J.P., AUSTIN, CONNOLLY and IANNACCI, JJ., concur.MATTER of D. (Anonymous). Elizabeth P. (Anonymous), petitioner-res, Darren M. (Anonymous), res-ap, Juan P. (Anonymous), res-res — Appeal by Darren M. from an order of the Family Court, Dutchess County, dated July 7, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on January 12, 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 child in the above-entitled appeal shall be served and filed.By Maltese, J.PEOPLE, etc., plf, v. Thomas Smith, 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, Kings County, dated October 10, 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.MATTER of Karla Alonso, res, v. Sharod Perdue, ap — Appeal by Sharod Perdue from an order of the Family Court, Queens County, dated March 3, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on January 12, 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 respondent and the attorney for the child in the above-entitled appeal shall be served and filed.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.PEOPLE, etc., res, v. Leon E. Scott, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered September 15, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Thomas N. N. Angell, Esq.Dutchess County Public Defender22 Market StreetPoughkeepsie, New York 12601and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.By Hinds-Radix, J.PEOPLE, etc., plf, v. Rahjon Morrow, 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 September 19, 2016, 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.Premium Cornerstone Properties, LLC, ap, v. S&R Main Realty, LLC res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) for a 90-day enlargement of time to perfect an appeal from an order of the Supreme Court, Westchester County, dated June 29, 2017.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is granted to the extent that the appellant’s time to perfect the appeal is enlarged until March 28, 2018, the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date, and the application is otherwise denied.MATTER of Scott Mitchell Unger, ap, v. Koren Ha, res — (Proceeding No. 1)MATTER of Koren Ha, res, v. Scott Mitchell Unger, ap — (Proceeding No. 2) — Appeal by Scott Mitchell Unger from an order of the Family Court, Nassau County, dated October 23, 2017. 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 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  ; and it is further,ORDERED that within 30 days after the date of this  , the appellant 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 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 this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.Thea Kelly, ap, v. Double Down NYC, LLC, etc., res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) for an enlargement of time until March 9, 2018, to perfect an appeal from an order of the Supreme Court, Kings County, dated March 20, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted to the extent that the appellant’s time to perfect the appeal is enlarged until February 9, 2018, the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date, and the application is otherwise denied.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.PEOPLE, etc., res, v. Stephen M. Bai, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered June 29, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Thomas N. N. Angell, Esq.Dutchess County Public Defender22 Market StreetPoughkeepsie, New York 12601and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Edwin Colon, ap, v. New York Mercantile Exchange, Inc. res, Verizon New York, Inc., et al., defendants third-party plaintiffs; S.E.B. Services of New York, Inc., third- party def-ap, Cushman & Wakefield, Inc., third-party defendant- res — Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated June 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, the appellants’ time to perfect the appeals is enlarged until April 11, 2018, the record or appendix on the appeals and the appellants’ respective briefs shall be served and filed on or before that date.By Maltese, J.PEOPLE, etc., plf, v. Thomas Smith, 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, Kings County, dated July 19, 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.Nationstar Mortgage, LLC, res, v. Ryan Ramnarine, appellant def — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) for an enlargement of time until April 20, 2018, to perfect an appeal from an order of the Supreme Court, Queens County, dated April 21, 2017.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is granted to the extent that the appellant’s time to perfect the appeal is enlarged until March 21, 2018, the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date, and the application is otherwise denied.Menachem Farro, etc., appellant-res, v. Zalman Schochet, etc. respondents- ap — Application by the respondents-appellants 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 Supreme Court, Kings County, dated August 18, 2017.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 applicants’ time to serve and file a brief is enlarged until February 28, 2018, the applicants’ brief shall be served and filed on or before that date.A.N., etc. ap, v. Roman Catholic Diocese of Rockville Centre, et al., res — Application by the respondents 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 Supreme Court, Suffolk County, dated April 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, the respondents’ time to serve and file a brief is enlarged until February 6, 2018, and the respondents’ brief shall be served and filed on or before that date.MATTER of Leah Fruchthandler, res, v. Ephraim Fruchthandler, ap — Appeals by Ephraim Fruchthandler from two orders of the Family Court, Kings County, dated July 21, 2017, and July 24, 2017, respectively. The appellant’s brief was filed in the office of the Clerk of this Court on January 16, 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 brief for the respondent in the above-entitled appeal shall be served and filed.Citimortgage, Inc., res, v. Marion Haupt def, Patricia A. Kuenecke ap — Application by the appellants to withdraw appeals from two orders of the Supreme Court, Suffolk County, both dated October 25, 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 appeals are marked withdrawn.Elaina Tudor, res, v. George Tudorovic, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 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 and the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.2386 Hempstead, Inc., appellant-res, v. 182 St., Inc. def, Thelma Treasure respondents-ap — Application by the respondents-appellants on an appeal and a cross appeal from an order of the Supreme Court, Queens County, dated January 23, 2017, for leave to withdraw the cross appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the cross appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Yessenia Garcia, plf-res, v. City of White Plains, ap, Swift Distribution, Inc., etc., defendant- res — Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 23, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated January 8, 2018, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of A. F. (Anonymous), res, v. K. H. (Anonymous), ap — Application by the appellant to withdraw an appeal from an order of the Family Court, Rockland County, dated May 25, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.MATTER of Joseph Sebro, deceased. Adriana Carrera, petitioner-res, Denise Reyes-Marcano, respondent-res, Am Pacific, LLC., nonparty-ap — (File No. 1855/15) — Application by the appellant to withdraw an appeal from an order of the Surrogate’s Court, Kings County, dated July 10, 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.Mortgage Electronic Registration Systems, etc., ap, v. Luis Tomala, Sr. res, Tariq Hussain, def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 15, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Cranston Kowlessar, ap, v. Kwame Darkwah res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 29, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Joseph Ingallinella plf-res, v. Skansa USA Building, Inc., defendants third-party plaintiffs- res, Blue Turtles, Inc., defendants- res, Island Taping, Inc., third-party defendant- ap — Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 4, 2008.Upon the stipulation of the attorneys for the respective parties to the appeal dated January 16, 2018, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Roman, P.J.; Maltese, Lasalle and Barros, JJ.Nella Rebello, etc. appellants-res, v. Nikolas Budimlic, etc. respondents- appellants def — Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated June 16, 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.ROMAN, J.P., MALTESE, LASALLE and BARROS, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.PEOPLE, etc., res, v. Jina C. Hernandez, ap — Motion by Jina C. Hernandez pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Nassau County, rendered June 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 opposition or relation thereto, it isORDERED that the branch of the motion which is to extend the time to take the appeal is granted; and it is further,ORDERED that the moving papers are deemed to constitute a timely notice of appeal; and it is further,ORDERED that the branch of the motion which is for poor person relief, and for the assignment of counsel is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel in the trial court, and (2) whether the appellant was on bail before conviction, and, if so, the amount and source of the bail money, and if bail was the appellant’s own money, what happened to the same after conviction.DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.PEOPLE, etc., res, v. Alex Frederic, ap — Motion by Alex Frederic pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered July 20, 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 branch of the motion which is to extend the time to take the appeal is granted; and it is further,ORDERED that the moving papers are deemed to constitute a timely notice of appeal; and it is further,ORDERED that the branch of the motion which is for poor person relief, and for the assignment of counsel is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth (1) the appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) whether the appellant was on bail before conviction, and, if so, the amount and source of the bail money, and if bail was the appellant’s own money, what happened to the same after conviction.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 DeadlineA.G. v. Pocantico Hills2017-09843A. G., Jr.Central School DistrictAndrew Giordano, Sr.February 26, 2018Arch Bay Holdings 2017-08447Arch Bay Holdingsv DaisyMarch 14, 2018Bank of New York2017-05382Bank of New York MellonMellon v. Viola+3February 13, 2018Caruso v. Premier 2017-07683Premier Paratransit, LLCParatransit, LLCFebruary 16, 2018City of New York v. Bay 2017-06478City of New YorkRidge Prince, LLCFebruary 5, 2018City of New York v. Bay 2017-10196City of New YorkRidge Prince, LLCFebruary 5, 2018Cohen v. Companion Life2017-07807Jean CohenInsurance CompanyMarch 19, 2018Deutsche Bank National2017-07913Mannes RudmanTrust Company v. Rudman+1Lotty RudmanMarch 6, 2018Title Docket No. Applicant Name(s) Extended DeadlineFrangiamore v. Wayne Noel2017-06342Eva FrangiamoreDrywall Inc.March 2, 2018Haxhia v. Varanelli2017-08270Anna HaxhiaBehar HaxhiaMarch 13, 2018HSBC Bank USA, 2017-06654Denise BoursiquotNational Associationv BoursiquotFebruary 13, 2018JPMorgan Chase Bank2017-07157JPMorgan Chase BankNational AssociationNational Associationv Gershfeld February 16, 2018Kakharov v. Archer2017-03826Narda E. ArcherLifespire, Inc.February 13, 2018Kerolle v. Nicholson2017-07503Theophile KerolleMarch 13, 2018Madonna Management2017-07857R.S. Naghavi, M.D., PLLCServices, Inc. v. R.S. R. Naghavi, M.S., PLLCNaghavi, M.D., PLLC R.S. Naghavi March 12, 2018Melia v. City of New York2017-07966County-Wide InsuranceCompanyMarch 13, 2018Monterosso v. Garguilo2017-02862Andrew GarguiloElaine GarguiloFebruary 16, 2018Montoya v. Matthews2017-08321Brian J. MatthewsNassau County ComptrollersOfficeNassau County PoliceDepartmentMarch 30, 2018People v. Christian, Antonio2016-07024People of State of New YorkFebruary 27, 2018People v. Hernandez, Juan2014-08122People of State of New YorkMarch 8, 2018People v. Lancaster, Herman2017-01200People of State of New YorkFebruary 23, 2018People v. Ramirez, Miguel 2016-03768People of State of New York February 16, 2018Title Docket No. Applicant Name(s) Extended DeadlineSpitzer v. Ruttner 2017-01808Emanuel SpitzerGrid Gardens Corp.February 5, 2018State Farm Mutual2017-06958State Farm Mutual AutomobileAutomobile Insurance Insurance CompanyCompany v. ActualState Farm Indemnity CompanyChiropractic, P.C.State Farm Fire and CasualtyCompanyMarch 14, 2018US Bank NA v. Osuji2017-11404US Bank NA February 16, 2018Valente v. Persico Realty 2017-01674Persico Realty Corp.Corp.Persico Contracting &Trucking, Inc.February 15, 2018Vista Engineering 2017-03825Vista Engineering CorporationCorporation v. Everest Indemnity New York City Transit AuthorityInsurance Company Metropolitan Transit AuthorityFebruary 8, 2018Wilmington Trust Company 2017-08066Raymond Grahamv GrahamMarch 12, 2018Wilson v. PBM, LLC 2017-08428Ronnie WilsonMarch 27, 2018By Mastro, J.P.; Cohen, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Wenky Innocent, ap — Motion by Wenky Innocent pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Suffolk County, rendered March 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 or relation thereto, it isORDERED that the branch of the motion which is to extend the time to take the appeal is granted; and it is further,ORDERED that the moving papers are deemed to constitute a timely notice of appeal; and it is further,ORDERED that the branch of the motion which is for poor person relief, and for the assignment of counsel is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth the amount and source of counsel fees paid to retained counsel.MASTRO, J.P., COHEN, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Lorie Ann Swain, res, v. Michael Omedes, ap — Appeal by Michael Omedes from an order of the County Court, Suffolk County, dated October 25, 2017.On the Court’s own motion, it isORDERED that the appeal is transferred to the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts (see 22 NYCRR 730.1[d]); and it is further,ORDERED that all further proceedings in connection with the appeal shall be conducted pursuant to the rules of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.M.B. Din Construction, Inc., appellant-res, et al., plf, v. Delta Iron & Construction, Inc., et al., def, American Safety Casualty Insurance Company, res-res — Application by American Safety Casualty Insurance Company on an appeal and a cross appeal from a judgment of the Supreme Court, Kings County, dated May 23, 2017, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect its cross appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that on the Court’s own motion, the appeal by M.B. Dinn Construction, Inc., is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,ORDERED that the application is granted, and the time for American Safety Casualty Insurance Company to perfect is enlarged until February 27, 2018.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Balkin, J.P.; Austin, Roman and Sgroi, JJ.MATTER of Darren Palmitesta, ap, v. Elizabeth Palmitesta, res — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated January 16, 2018, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor: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:Amy L. Colvin, Esq.9 Everette PlaceHuntington, NY 11743631-424-8495and 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.; Leventhal, Sgroi and Connolly, JJ.Carol Fasano, res, v. St. Bernard Church ap — Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 3, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.MASTRO, J.P., LEVENTHAL, SGROI and CONNOLLY, JJ., concur.