Appellate Division Second Department Motion List released on: January 25, 2018 By Balkin, J.P.; Roman, Hinds-Radix and Lasalle, JJ.

PEOPLE, etc., res, v. Brandon Lisi, ap — Motion by the appellant for leave to reargue an appeal from a judgment of the County Court, Suffolk County, rendered June 18, 2014, which was determined by decision and order of this Court dated July 19, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.BALKIN, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.J.C. Ryan EBCO/H&G, LLC, ap, v. Cyber-Struct, Inc. res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) for an enlargement of time until April 30, 2018, to perfect an appeal from an order of the Supreme Court, Kings County, dated December 14, 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 appellant’s time to perfect the appeal is enlarged until March 14, 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.J.C. Ryan EBCO/H&G, LLC, ap, v. Cyber-Struct, Inc. res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) for an enlargement of time until April 30, 2018, to perfect an appeal from an order of the Supreme Court, Kings County, dated December 14, 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 appellant’s time to perfect the appeal is enlarged until March 14, 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 Norma Brooks ap, v. County of Suffolk, res — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated June 28, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the appellants’ time to perfect the appeal is enlarged until March 23, 2018, and the record or appendix on the appeal and the appellants’ brief shall be served and filed on or before that date.Jill Muller, ap, v. Jeffrey S. Schecter & Associates, P.C. 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, Nassau County, dated May 25, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted to the extent that the appellant’s time to perfect the appeal is enlarged until March 6, 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.Caitlin Barger, ap, v. Only Properties, LLC, res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 17, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted to the extent that the appellant’s time to perfect the appeal is enlarged until February 20, 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.Wells Fargo Bank, res, v. Eric Jones, etc. def, Kemar Jones, etc., defendant-appellant; Esleen Esquilin Jones, nonparty-ap — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time to perfect appeals from two orders of the Supreme Court, Kings County, both dated November 16, 2016.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted to the extent that the appellants’ time to perfect the appeals is enlarged until February 23, 2018, the record or appendix on the appeals and the appellants’ brief shall be served and filed on or before that date, and the application is otherwise denied.BH 263, LLC, res, v. Bayview Loan Servicing, LLC, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) for an enlargement of time until February 26, 2018, to serve and file a reply brief on appeals from two orders of the Supreme Court, Kings County, both dated June 2, 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 Scheinkman, P.J.; Dillon, Hinds-Radix and Christopher, JJ.Antoinette Igneri, ap, v. Triumph Construction Corp. res — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 13, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is enlarged until February 23, 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.SCHEINKMAN, P.J., DILLON, HINDS-RADIX and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Dillon, Hinds-Radix and Christopher, JJ.Zefa Rudovic, ap, v. Luigi Rudovic res — Motion by the appellant 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 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 23, 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.SCHEINKMAN, P.J., DILLON, HINDS-RADIX and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Dillon, Hinds-Radix and Christopher, JJ.Steven Rosenthal, etc. res, v. Robert J. Alexander, etc., appellant def — Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, entered March 8, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the respondents’ time to serve and file a brief is enlarged until February 23, 2018, and the respondents’ 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.SCHEINKMAN, P.J., DILLON, HINDS-RADIX and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Dillon, Hinds-Radix and Christopher, JJ.Ilene Mials res, v. Leila Doreen Millington, ap, et al., def — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 23, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is enlarged until February 23, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.SCHEINKMAN, P.J., DILLON, HINDS-RADIX and CHRISTOPHER, JJ., concur.By Mastro, J.P.; Leventhal, Sgroi and Connolly, JJ.Anonymous, ap, v. Anna Zolonitskaya, etc., et al., res — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated January 23, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is enlarged until February 26, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.MASTRO, J.P., LEVENTHAL, SGROI and CONNOLLY, JJ., concur.By Mastro, J.P.; Leventhal, Sgroi and Connolly, JJ.Bayview Loan Servicing, LLC, res, v. Kerry Grover, etc., ap — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated January 3, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is enlarged until February 26, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.MASTRO, J.P., LEVENTHAL, SGROI and CONNOLLY, JJ., concur.By Mastro, J.P.; Leventhal, Sgroi and Connolly, JJ.NYCTL 1998-2 Trust, etc., appellant-res, v. Daya Jagtiani, etc. res-ap, et al., def — Motion by the appellant-respondent to enlarge the time to perfect an appeal and a cross appeal from an order of the Supreme Court, Queens County, entered July 1, 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; and it is further,ORDERED that the appellant-respondent’s time to perfect the appeal is enlarged until February 26, 2018, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that the respondents-appellants shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).MASTRO, J.P., LEVENTHAL, SGROI and CONNOLLY, JJ., concur.By Rivera, J.P.; Duffy, Barros and Iannacci, JJ.MATTER of Acuhealth Acupuncture, P.C., etc., res, v. Country-Wide Ins. Co., ap — 2017-03466MATTER of Acuhealth Acupuncture,P.C., etc., respondent, v. Country-Wide Ins. Co., appellant.(Index No. 416/15)  2017-03467MATTER of V.S. Care Acupuncture, P.C., etc., respondent, v. Country-Wide Ins. Co., appellant.(Index No. 417/15) 2017-03468MATTER of V.S. Care Acupuncture, P.C., etc., respondent, v. Country-Wide Ins. Co., appellant.(Index No. 3129/16) 2017-03473MATTER of Bay Needle Care Acupuncture, P.C., etc., respondent, v  Country-Wide Ins. Co., appellant.(Index No. 9580/14) Separate motions by the appellant, one as to each appeal, to enlarge the time to perfect appeals from five judgments of the Supreme Court, Kings County, two dated July 31, 2015, and three dated October 21, 2016, October 27, 2016, February 6, 2017, respectively, and to calendar the appeals together.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 time to perfect the appeals is enlarged until February 23, 2018, and the appeals will be calendared together and will be argued or submitted on the same date.RIVERA, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.By Rivera, J.P.; Duffy, Barros and Iannacci, JJ.Estate of Norman Perlman, ap, v. Peter J. Kelley, etc., res — 2017-09718Estate of Norman Perlman, appellant, v Peter J. Kelley, etc., respondent.(Index No. 15108/15) Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated February 22, 2017, and June 15, 2017, respectively, and to consolidate the appeals.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted to the extent that the appellant’s time to perfect the appeal from the order dated February 22, 2017, is enlarged until February 23, 2018, and that branch of the motion is otherwise denied as premature; and it is further,ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).RIVERA, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.By Mastro, J.P.; Leventhal, Sgroi and Connolly, JJ.PEOPLE, etc., res, v. Todd S. Gringer, ap — Motion by the appellant pro se to enlarge the time to serve and file a reply brief on an appeal from a judgment of the County Court, Suffolk County, rendered January 26, 2016.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted, and the reply brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.MASTRO, J.P., LEVENTHAL, SGROI and CONNOLLY, JJ., concur.By Rivera, J.P.; Leventhal, Maltese and Duffy, JJ.Ada Oparaji, plf, v. Citibank, N.A., def — (Appellate Term Docket No. 2015-485QC; Index No. 33334/11) — Motion by Ada Oparaji for leave to reargue her prior motion, inter alia, for leave to appeal to this Court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated May 19, 2017, which determined appeals from four orders of the Civil Court of the City of New York, Queens County, entered July 17, 2012, August 18, 2014, November 28, 2014, and April 27, 2015, respectively, which was determined by decision and order on motion of this Court dated October 24, 2017, or in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this Court dated October 24, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.  MATTER of Amor S. W. (Anonymous). Forestdale, Inc., petitioner-res, Leonard H. (Anonymous), respondent- appellant res — Appeal by Leonard H. from an order of the Family Court, Queens County, dated September 28, 2016. The appellant’s brief was filed in the office of the Clerk of this Court on January 19, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this  , the briefs for the respondent and the attorney for the child in the above-entitled appeal shall be served and filed.MATTER of Pedro Irizarry, ap, v. Jaheriah Jorowar, res — Appeal by Pedro Irizarry from an order of the Family Court, Queens County, dated March 8, 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 26, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.  MATTER of Omar Krubally, ap, v. Fatou Jobe, res — Appeal by Omar Krubally from an order of the Family Court, Kings County, dated December 2, 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 respondent to serve and file a brief on the appeal is enlarged until February 26, 2018; and it is furtherORDERED 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 David A. H. (Anonymous). Childrens Village, petitioner-res, George T. J. (Anonymous) respondents- ap — (Proceeding No. 1)MATTER of Dorie M. H. (Anonymous). Childrens Village, petitioner-res, George T. J. (Anonymous) respondents- ap — (Proceeding No. 2) — Appeals by George T. J., and separate appeals by Charvella A. H., from two orders of the Family Court, Queens County, both dated January 9, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the children to serve and file a brief on the appeals is enlarged until February 21, 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 Andrew S. (Anonymous), ap — Appeal by Andrew S. from an order of the Family Court, Kings County, dated July 28, 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 20, 2018.MATTER of Khadija J. K. (Anonymous), etc. SCO Family of Services, petitioner- res, Kadijatu F. K. (Anonymous), res-res — Appeal by Kadijatu F. K. from an order of the Family Court, Richmond County, dated December 19, 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 child to serve and file a brief on the appeal is enlarged until February 20, 2018.MATTER of Robin Lynch, res, v. John Lynch, ap — Appeal by John Lynch from an order of the Family Court, Westchester County, dated February 22, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on January 18, 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.MATTER of Edwin Lozaldo res, v. Robert Cristando, ap — Appeal by Robert Cristando from an order of the Family Court, Nassau County, dated June 27, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on January 19, 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.MATTER of Ayesha Khan, res, v. Mahmudul H. Khan, ap — Appeal by Mahmudul H. Khan from an order of the Family Court, Kings County, dated September 28, 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:Deana Balahtsis, Esq.805 Third Avenue, 12th FloorNew York, NY 10022212-588-1002By letter dated January 18, 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 Duffy, J.PEOPLE, etc., res, GRANTING LEAVE TO APPEAL v. Keyon Alleyne, ap — ON APPLICATION — 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 September 26, 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 granted; the defendant is granted leave to appeal from the order of the Supreme Court, Kings County, dated September 26, 2017, made in this case; and it is further,CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.MATTER of William Bissett, ap, v. Donna Hillenberg, res — Appeal by William Bissett from an order of the Family Court, Suffolk County, dated August 17, 2017.By decision and order on certification of this Court dated December 1, 2017, the following attorney was assigned as counsel for the appellant on the appeal:Susan A. DeNatale, Esq.982 Montauk Highway, Suite 6Bayport, NY 11705631-772-1246By letter dated January 22, 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 1, 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 Rivera, J.P.; Duffy, Barros and Iannacci, JJ.PEOPLE, etc., res, v. Stivenson Desir, ap — Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered May 3, 2017, as a poor person.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 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 retained counsel, Mischel & Horn, P.C., One Whitehall Street, 10th Floor, New York, NY 10004, without charge (see CPL 460.70); retained 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 retained 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 retained 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 retained 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; retained 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 retained 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 retained 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., DUFFY, BARROS and IANNACCI, JJ., concur.Lapina-Skyba, etc. plaintiffs- res, v. Laura Edith Kreft, defendant- res, Paul Kreft, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 26, 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 appellant’s time to perfect the appeal is enlarged until February 15, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.MATTER of Maninder S. (Anonymous). Manjit K. (Anonymous), petitioner-appellant; Bhajan K. (Anonymous) respondents- res — Appeals by Manjit K. from two orders of the Family Court, Queens County, both dated June 21, 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 appeals 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 appeals is enlarged until March 7, 2018.Alan J. Ives ap, v. Fieldpoint Community Association, Inc., res — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated June 26, 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 appellants’ time to perfect the appeal is enlarged until March 21, 2018, and the record or appendix on the appeal and the appellants’ brief shall be served and filed on or before that date.By Rivera, J.P.; Duffy, Barros and Iannacci, JJ.PEOPLE, etc., res, v. Greggory A. Pittman, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered October 4, 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.Public Defender22 Market StreetPoughkeepsie, NY 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.RIVERA, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.By Rivera, J.P.; Duffy, Barros and Iannacci, JJ.PEOPLE, etc., res, v. Shuron T. Sweat, ap — (S.C.I. No. 213/17) — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered September 20, 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.Public Defender22 Market StreetPoughkeepsie, NY 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.RIVERA, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.Tracy L. Klestadt, res-ap, v. Stacy E. Klestadt, etc., appellant-res — Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) for a 30-day enlargement of time to serve and file a brief on an appeal and a cross appeal from a judgment of the Supreme Court, Nassau County, dated April 27, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the respondent-appellant’s time to serve and file a brief is enlarged until February 16, 2018, the respondent-appellant’s brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), shall be served and filed on or before that date, and the application is otherwise denied.By Priscilla Hall, J.P.; Austin, Sgroi and Christopher, JJ.PEOPLE, etc., res, v. Rayon Persaud, 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 November 18, 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 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.HALL, J.P., AUSTIN, SGROI and CHRISTOPHER, JJ., concur.By Priscilla Hall, J.P.; Austin, Sgroi and Christopher, JJ.PEOPLE, etc., res, v. Jimmy P. Rombano, 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, Queens County, rendered March 23, 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.HALL, J.P., AUSTIN, SGROI and CHRISTOPHER, JJ., concur.MATTER of Sonia Thaxton, res, v. Luis Chapman, ap — Appeal by Luis Chapman from an order of the Family Court, Orange County, dated May 25, 2017. The appellant’s record and brief were filed in the office of the Clerk of this Court on January 22, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this  , the briefs for the respondent and the attorney for the child in the above-entitled appeal shall be served and filed.MATTER of Michael Grimes, ap, v. Carmela Pignalosa-Grimes, res — Appeal by Michael Grimes from an order of the Family Court, Richmond County, dated July 27, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on January 22, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this  , the briefs for the respondent and the attorney for the child in the above-entitled appeal shall be served and filed.By Roman, J.P.; Lasalle, Connolly and Christopher, JJ.Beverly Lattimore, plf-res, v. Anita Thackurdeen defendants- res, Sandra Thackurdeen, ap — Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered August 8, 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 trial in the above-entitled action is stayed pending hearing and determination of the appeal.ROMAN, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.By Roman, J.P.; Lasalle, Connolly and Christopher, JJ.Sterling National Bank, etc., res, v. Alan B. Brill, P.C. ap — 2018-00613Sterling National Bank, etc., respondent,v Alan B. Brill, P.C. appellants.(Index No. 33570/15)‌Motion by the appellants on appeals from two orders of the Supreme Court, Rockland County, dated September 23, 2016, and March 30, 2017, respectively, and a judgment of the same court dated October 30, 2017, in effect, to stay enforcement of the judgment, pending hearing and determination of the appeals.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted, and enforcement of the judgment is stayed pending hearing and determination of the appeals on condition that the appeal from the judgment is perfected on or before February 26, 2018; and it is further,ORDERED that in the event the appeal from the judgment is not perfected on or before February 26, 2018, the Court, on its own motion, may vacate the stay, without further notice,or the respondent may move to vacate the stay, on three days notice.ROMAN, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Roman, Miller and Duffy, JJ.U.S. Bank, N.A., res, v. Clement Morrison appellants def — 2015-10707, 2015-12254U.S. Bank, N.A., respondent, v. Clement Morrison appellants defendants.(Index No. 30754/10) 2015-12250U.S. Bank, N.A., respondent, v. Clement Morrison appellants defendants.(Index No. 30754/10) 2016-04169U.S. Bank, N.A., respondent, v. Clement Morrison, etc. appellants defendants.(Index No. 30754/10) Motion by the appellants, inter alia, to withdraw appeals from five orders of the Supreme Court, Queens County, dated March 26, 2015, September 11, 2015, October 6, 2015 (two orders), and January 27, 2016, respectively.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is dismissed for failure to serve the motion in accordance with the terms of the order to show cause.CHAMBERS, J.P., ROMAN, MILLER and DUFFY, JJ., concur.Daniel Wottawa, res, v. Priscilla Properties, LLC ap — Appeal from an order of the Supreme Court, Suffolk County, dated July 25, 2016.Upon the stipulation of the attorneys for the respective parties to the appeal dated January 19, 2018, it isORDERED that the appeal is marked withdrawn.By Roman, J.P.; Lasalle, Connolly and Christopher, JJ.Bank of America, National Association, res, v. Roman Mavashev appellants def — Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered January 7, 2016.Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellants’ time to perfect the appeal is enlarged until February 26, 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.ROMAN, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.Michael Garas, res, v. Demetrios Mitsios ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, entered September 13, 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.Steven Allen Bowman, etc., res, v. Haldane Central School District, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Putnam County, dated August 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.Joaquin Ramirez, res, v. Joseph Giannola, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 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 and the appeal is marked withdrawn.Alejandro Hidalgo, ap, v. Ermelinda Feliciano respondents def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 2, 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.Adetola Atanda res, v. Linden Plaza Preservation, L.P. ap — Appeal from an order of the Supreme Court, Kings County, dated July 19, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated January 18, 2017, it isORDERED that the appeal is marked withdrawn.Atedola Atanda res, v. Linden Plaza Preservation, L.P. ap — Appeal from an order of the Supreme Court, Kings County, dated September 6, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated January 18, 2018, it isORDERED that the appeal is marked withdrawn.Chantal Papillion, ap, v. The Madison Square Garden Company def, Controlled Access, Inc. res — Appeal from an order of the Supreme Court, Queens County, dated August 18, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated January 18, 2018, it isORDERED that the appeal is marked withdrawn.Delores Richardson, res, v. Star Cruiser Transportation, Inc. ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 6, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.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 NumberApplicant Name(s) Extended Deadline159-MP Corp. v. CAB Bedford, LLC2016-10904 +1New York City Department of BuildingsFebruary 21, 2018Allied Safe Corporation v. Pekich 2017-03516Peter PekichFebruary 20, 2018Bogart Lots, LLC v. SIS Services Group, Inc. 2017-07687Bogart Lots, LLCMarch 23, 2018DeMartino v. Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara 2017-08411Franco A. DeMartinoMarch 22, 2018Doerrer v. Schreiber Foods, Inc.2017-08582Schreiber Foods, Inc.Weight Watchers International, Inc.March 27, 2018Faldetta v. L.I. Marine Transport, Inc.2017-09525Peter FaldettaMarch 19, 2018Feurderer v. Vassar Brothers Medical Center 2017-09048Maxwell FeurdererApril 2, 2018Gergel v. CVS Pharmacy, Inc. 2017-08506100 Queens Blvd. Co., LLCMarch 23, 2018Gwinner v. Rao2017-08671Shyambhai M. RaoNorth Shore University HospitalMarch 21, 2018HSBC Bank USA, N.A. v. Campos2017-08357HSBC Bank USA, N.A.March 20, 2018Lindo v. Lindo2017-06683Yolanda LindoVirdone Law Firm P.C.February 20, 2018Likos v. Likos2017-05455William V. LikosFebruary 7, 2018Likos v. Likos2017-05457William V. LikosFebruary 7, 2018Likos v. Likos2017-05460William V. LikosFebruary 7, 2018Likos v. Likos2017-05462William V. LikosFebruary 7, 2018Maida v. St. Bonaventure University2017-08792Trevor MaidaApril 3, 2018Matter of DCH Auto v Town of Mamaroneck2017-03016DHC AutoDCH Investments, Inc.February 13, 2018Mazzola v. Village Housing Associates, LLC2017-03789Village Housing Associates, LLCFebruary 5, 2018McKee v. McKee 2017-05187Suffolk County National BankMarch 15, 2018Mi Jung Kim v. Lewin2017-08868Mi Jung Kim April 3, 2018Mials v. Millington2017-08528Ricardo HarewoodMarch 27, 2018People v. Sarner, Philip G.2016-04695People of State of New YorkFebruary 21, 2018Roizman v. Stromer2017-04228Saul R. StromerSaul R. Stromer, M.D., P.C.March 12, 2018Utica Builders, LLC v. Collins2017-03184Alaba A. RufaiFebruary 22, 2018By Priscilla Hall, J.P.; Austin, Sgroi and Christopher, JJ.PEOPLE, etc., res, v. Jimmy P. Rombano, ap — (S.C.I. No. N10273/14) — 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, Queens County, rendered March 21, 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.HALL, J.P., AUSTIN, SGROI and CHRISTOPHER, JJ., concur.Gash & Associates, P.C., res — Deangelis & Hafiz, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 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.Richard Weinstein, ap, v. Judah David Weinberg, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 15, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Roman, J.P.; Lasalle, Connolly and Christopher, JJ.MATTER of Justyna Katarzyna-Valva, ap, v. Michael Gerard Valva, res — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated July 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 opposition thereto, it isORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act §1116), and 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 branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied; 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 proceeding 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 of the date of this decision and order on motion, 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 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 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 decision and order on motion, 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.ROMAN, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.Ruben A. Moreira res, v. Timothy F. Sexton, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 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.Marthe Helmany, res, v. Verizon Communications, Inc., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 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.Tarsheema M. Copeny, res, v. George T. Peters, PLLC ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 16, 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.Sawar Sardar, res, v. Park Ambulance Service, Inc., etc. ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 23, 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.PEOPLE, etc., res, v. Marshall Talford, ap — Appeal from a judgment of the Supreme Court, Kings County, rendered March 28, 2017.Upon the stipulation of the appellant and the attorneys for the respective parties to the appeal dated January 17, 2018, it isORDERED that the appeal is marked withdrawn.Yesh Paul, res, v. Mitsui Fudosan America, Inc. ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 31, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Adele Kannenberg, res, v. Roy Kannenberg, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Putnam County, dated July 31, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of David Fischer, ap, v. The Manischewitz Company, res — Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 4, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated August 4, 2017, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Deutsche Bank National Trust Company, et., ap, v. Claude Fleurimond res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 7, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Kirchhoff-Consigli Construction Management, LLC res, v. Acadia Insurance Company ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 2, 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.Bank of New York Mellon, etc., ap, v. Debra Alexandra def, Christopher Mayor, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 9, 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.Capital One, N.A., res, v. 1610 Avenue S, LLC appellants def — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time to perfect an appeal from an order of the Supreme Court, Kings County, entered March 24, 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 appellants’ time to perfect the appeal is enlarged until February 8, 2018, the record or appendix on the appeal and the appellants’ brief shall be served and filed on or before that date, and the application is otherwise denied.U.S. Bank National Association, etc., ap, v. Pedro Roque, res, et al., def — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) for a 20-day enlargement of time to serve and file a brief on appeals from two orders of the Supreme Court, Kings County, dated April 11, 2016, and January 9, 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 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.Wachel Masyr & Missry, LLP res, v. Laureen Harris, ap — 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 appeals from a judgment of the Supreme Court, Nassau County, dated February 22, 2017, and an order of the same court entered April 11, 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 appellant’s time to serve and file a reply brief is enlarged until February 8, 2018, the reply brief shall be served and filed on or before that date, and the application is otherwise denied.PEOPLE, etc., res, v. Simone Barrett-Johnson, ap — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) for an enlargement of time until February 26, 2018, to serve and file a brief on an appeal from a judgment of the County Court, Westchester County, rendered October 14, 2016.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted to the extent that the respondent’s time to serve and file a brief is enlarged until February 8, 2018, the respondent’s brief shall be served and filed on or before that date, and the application is otherwise denied.By Roman, J.PEOPLE, etc., res, v. Ruben W. Wills, ap — Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered August 10, 2017, and to release the appellant on his own recognizance or to set bail.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.