MATTER of Ferncliff Cemetery Association, ap, v. Town of Greenburgh res — Motion by the respondents to strike stated portions of the record on an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated November 15, 2016, to enlarge the record to include the motion papers concerning their pre-answer motion to dismiss, and to enlarge the time to serve and file a brief. Cross motion by the appellant, inter alia, in effect, for leave to make corrections to the record.Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it isORDERED that the matter is remitted to the Supreme Court, Westchester County, to report on whether that court considered the material contained on pages 158, 176-177, 179-181, 294, 317, 342, 346, 1258, 1354-1355, 1358, 1360, 1368-1369, 1385, 1390-1391, 1395-1398, and 1400 of the record on appeal in connection with the petition and motion which were determined by the order and judgment dated November 15, 2016; and it is further,ORDERED that the motion and the cross motion are held in abeyance in the interim.BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.By Rivera, J.P.; Duffy, Barros and Iannacci, JJ.PEOPLE, etc., res, v. John Hymes, 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 August 15, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the branch of the motion which is for leave for a late notice of appeal is denied as unnecessary; and it is further,ORDERED that the branches of the motion which are for poor person relief and assignment of counsel are denied as academic in light of the decision and order on motion of this Court dated December 12, 2017, which granted poor person relief and the assignment of counsel.RIVERA, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.MATTER of Mercy R. M.-B. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Arlene M. (Anonymous), res-res — N-8154-16/17C) — Appeal by Arlene M. from an order of the Family Court, Suffolk County, dated December 8, 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 respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the respondent-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 respondent-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) if the respondent-appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the respondent-appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or(5) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) 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 Dillon, J.P.; Austin, Miller and Hinds-Radix, JJ.MATTER of Edward Knappenberger, res, v. Jaclyn Tantao, ap — Appeal by Jaclyn Tantao from an order of the Family Court, Kings County, dated December 20, 2017.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in proceedings pursuant to Family Court Act article 6, part 3 (see Family Ct Act §1112), and leave to appeal has not been granted.DILLON, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.MATTER of Hannah T. R. (Anonymous). Administration for Childrens Services, petitioner- res, Soya R. (Anonymous), respondent- ap — Appeal by Soya R. from an order of the Family Court, Kings County, dated December 6, 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 proceeding shall be perfected within 60 days after the receipt by the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the respondent-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 respondent-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) if the respondent-appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the respondent-appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or(5) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) 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 Daniel Peura, ap, v. Sharon Peura, res — Appeal by Daniel Peura from an order of the Family Court, Westchester County, dated November 18, 2016.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 order entered upon the consent of the appealing party (see CPLR 5511).SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Justice L. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Jessica L. (Anonymous), respondent-appellant res — (Proceeding No. 1)MATTER of Alaysia L. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Jessica L. (Anonymous), respondent-appellant res — (Proceeding No. 2)MATTER of Zamahri L. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Jessica L. (Anonymous), respondent-appellant res — (Proceeding No. 3)MATTER of Samiyah L. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Jessica L. (Anonymous), respondent-appellant res — (Proceeding No. 4)MATTER of Tyriek L. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Jessica L. (Anonymous), respondent-appellant res — (Proceeding No. 5) N-5154-17, N-5148-17, N-5149-17, N-5150-17, N-5158-17, N-5160-17) — Appeal by Jessica L. from an order of the Family Court, Suffolk County, dated December 8, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Catherine E. Miller, Esq., dated December 11, 2017, it isORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:Salvatore C. Adamo, Esq.350 Fifth Avenue, 59th FloorNew York, NY 101198212-964-7983and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this court, and on or before February 5, 2010, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either(1) the appellant is interested in prosecuting the appeal, or(2) the appellant is not interested in prosecuting the appeal, or that he has been unable to contact the appellant, and wishes to be relieved of the assignment;and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any or orders issued pursuant to §670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.C., Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Dana Capobianco, ap, v. Ann Marie Esposito, res — Appeal by Dana Capobianco from an order of the Family Court, Putnam County, dated November 28, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of David M. Rosoff, Esq., dated January 22, 2018, it isORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:Salihah R. Denman, Esq.600 Mamaroneck Avenue, Suite 400Harrison, NY 10528914-215-7221and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before February 5, 2018, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either(1) the appellant is interested in prosecuting the appeal, or(2) the appellant is not interested in prosecuting the appeal, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment;and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any or orders issued pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Roman, J.P.; Lasalle, Connolly and Christopher, JJ.MATTER of Megan L. Heppler, res, v. Robert C. Oelsner, ap — Appeal by Robert C. Oelsner from an order of the Family Court, Suffolk County, dated August 30, 2017.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in proceedings pursuant to Family Court Act article 4 (see Family Ct Act §1112), and leave to appeal has not been granted.ROMAN, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.By Roman, J.P.; Lasalle, Connolly and Christopher, JJ.MATTER of Jefrey C.-V. (Anonymous), ap — Appeal by Jefrey C.-V. from an order of the Family Court, Nassau County, dated November 29, 2017.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 3 (see Family Ct Act §1112), and leave to appeal has not been granted.ROMAN, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.By Roman, J.P.; Lasalle, Connolly and Christopher, JJ.Alexander Karagiannakis, res, v. Athena Keriak, ap — Appeal by Athena Keriak from an order of the Supreme Court, Suffolk County, dated November 14, 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 as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted.ROMAN, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.By Roman, J.P.; Lasalle, Connolly and Christopher, JJ.MATTER of Guadalupe Vidal Martinez, pet-res, v. Everado Isrrael Martinez, res, Edwin A. Gonzalez, nonparty-ap — Appeals by Edwin A. Gonzalez from two orders of the Family Court, Queens County, both dated November 15, 2017.On the Court’s own motion, it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding on the ground that Edwin A. Gonzalez is not aggrieved by the orders dated November 15, 2017 (see CPLR 5511), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before February 19, 2018; and it is further,ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.ROMAN, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Mary Louie, ap, v. Ian Plissner, res — Appeals by Mary Louie from two orders of the Family Court, Richmond County, both dated August 10, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeals is enlarged until February 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 Dillon, J.P.; Austin, Miller and Hinds-Radix, JJ.MATTER of Ulysses H. (Anonymous), ap — Appeal by Ulysses H. from an order of the Family Court, Kings County, dated December 8, 2017.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 3 (see Family Ct Act §1112), and leave to appeal has not been granted.DILLON, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.By Roman, J.P.; Lasalle, Connolly and Christopher, JJ.MATTER of Malgorzata Lengiewicz, res, v. Bogdan Lengiewicz, ap — Appeal by Bogdan Lengiewicz from an order of the Family Court, Suffolk County, dated September 11, 2017. By order to show cause dated December 26, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered relieving the attorney assigned by order on certification of this Court dated November 30, 2017, to perfect the appeal on behalf of the appellant on the ground that the attorney had been unable to contact the appellant, and dismissing the appeal.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal is 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 either within 60 days after the receipt by the appellant’s assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and 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 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, 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 November 30, 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 appeals to show cause why the appeal should or should not be dismissed.ROMAN, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.By Leventhal, J.P.; Cohen, Maltese and Barros, JJ.MATTER of Neil Gebaide, res, v. Susan McGoldrick, ap — Appeal by Susan McGoldrick from an order of the Family Court, Queens County, dated August 8, 2017. By order to show cause dated November 9, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a dated October 4, 2017, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the respondent to dismiss the appeal on the ground that the appeal is without merit, to impose a sanction upon the appellant, and for an award of costs.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 respondent’s motion, and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the dated October 4, 2017, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]); and it is further,ORDERED that the respondent’s motion is denied.LEVENTHAL, J.P., COHEN, MALTESE and BARROS, JJ., concur.MATTER of Yu Wei, res, v. Robert Mathews, ap — Appeal by Robert Mathews from an order of the Supreme Court, Westchester County (IDV Part), dated December 7, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on January 23, 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 Rivera, J.P.; Cohen, Maltese and Brathwaite Nelson, JJ.MATTER of Azriel Madmoni, ap, v. Odelia Madmoni, res — Motion by the appellant pro se on an appeal from an order of the Family Court, Queens County, dated June 26, 2017, for leave to reargue the appellant’s prior motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, which was determined by decision and order on motion of this Court dated November 13, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied; and it is further,ORDERED that pursuant to §670.4 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 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 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 above 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.RIVERA, J.P., COHEN, MALTESE and BRATHWAITE NELSON, JJ., concur.By Mastro, J.P.; Leventhal, Sgroi and Connolly, JJ.MATTER of Kamiyah D. B. v. (Anonymous). Little Flower Children and Family Services of New York, petitioner-res, Myron B. (Anonymous), respondent-appellant res — Appeal by Myron B. from an order of the Family Court, Queens County, dated September 11, 2017. By order to show cause dated December 27, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered relieving the attorney assigned by order on certification of this Court dated October 25, 2017, to perfect the appeal on behalf of the respondent-appellant on the ground that the attorney had been unable to contact the respondent-appellant, and dismissing the appeal.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal is 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 either within 60 days after the receipt by the respondent-appellant’s assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and 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 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, 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 November 30, 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 appeals to show cause why the appeal should or should not be dismissed.MASTRO, J.P., LEVENTHAL, SGROI and CONNOLLY, JJ., concur.By Rivera, J.P.; Duffy, Barros and Iannacci, JJ.MATTER of Susan M. Greco, ap, v. Robert N. Greco, res — Motion by the respondent to dismiss an appeal from an order of the Family Court, Nassau County, dated May 17, 2017, on the ground that the appellant failed to assemble a proper record or appendix, or, in the alternative, to enlarge the time to serve and file a brief.Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it isORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,ORDERED that the branch of the motion which is to enlarge the respondent’s time to serve and file a brief is granted, the respondent’s time to serve and file a brief is enlarged until February 28, 2018, and the respondent’s brief shall be served and filed on or before that date.RIVERA, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.By Rivera, J.P.; Duffy, Barros and Iannacci, JJ.MATTER of Fernando Batista, pet, v. Rashina Mocktar, res — Motion by Fernando Batista for leave to appeal to this Court from an order of the Family Court, Queens County, dated December 6, 2017, and, inter alia, to direct that the subject child undergo a certain evaluation and to direct that his visitation with the subject child be unsupervised, pending hearing and determination of the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,ORDERED that the motion is otherwise denied as academic.RIVERA, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.MATTER of Peter T. (Anonymous), Jr. Westchester County Department of Social Services, petitioner-res, Shay S. P. (Anonymous), a/k/a Shay S. T. (Anonymous), et. al., respondents- ap — Appeal by Shay S. P., a/k/a Shay S. T., and separate appeal by Peter T., from an order of the Family Court, Westchester County, dated October 31, 2017. By order on certification of this Court dated January 8, 2018, the following attorney was assigned as counsel for the appellant Peter T. on the appeal:Carol Carozza, Esq.2525 Palmer Avenue, 2nd FloorNew Rochelle, NY 10801914-235-1498By letter dated January 23, 2018, the assigned counsel has informed this Court that the appellant Peter T. wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated 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.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Shahnaz Murshed, ap, v. Syed Rahman, res — (Proceeding No. 1)MATTER of Syed Rahman, res, v. Shahnaz Murshed, ap — (Proceeding No. 2) — Appeal by Shahnaz Murshed from an order of the Family Court, Nassau County, dated May 31, 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 26, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Dillon, J.P.; Austin, Miller and Hinds-Radix, JJ.MATTER of Freeda Mary Scudder, ap, v. Rahul Scudder, res — V-10496-16) — Motion by the appellant to enlarge the record on an appeal from an order of the Family Court, Nassau County, dated January 4, 2017, to include certain orders from proceedings which occurred in the State of Florida and to enlarge the time to serve and file a reply brief. Separate motion by the respondent to dismiss the appeal on the ground that it has been rendered academic.Upon the papers filed in support of the motions and the papers filed in opposition thereto, it isORDERED that the branch of the appellant’s motion which is to enlarge the record is granted to the extent that this Court shall take judicial notice of an order of the District Court of Appeal of the State of Florida, Second District, dated December 20, 2016, and that branch of the motion is otherwise denied; and it is further,ORDERED that the branch of the appellant’s motion which is to enlarge the time to serve and file a reply brief is granted, the appellant’s time to serve and file a reply brief is enlarged until February 13, 2018, and the reply brief shall be served and filed on or before that date; and it is further,ORDERED that the respondent’s motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.DILLON, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.MATTER of Kyle C. (Anonymous), appellant child. Nassau County Department of Social Services, petitioner-res, Daniel C. (Anonymous), res-res — (Proceeding No. 1)MATTER of Ryan C. (Anonymous), appellant child. Nassau County Department of Social Services, petitioner-res, Daniel C. (Anonymous), res-res — (Proceeding No. 2) — Appeal by Kyle C. and Ryan C. from an order of the Family Court, Nassau County, dated February 17, 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 Nassau County Department of Social Services to serve and file a brief on the appeal is enlarged until March 5, 2018.MATTER of Aydin A. E. (Anonymous). Administration for Childrens Services, petitioner- res, Deanna E. E. (Anonymous), respondent- ap — Appeal by Deanna E. E. from an order of the Family Court, Kings County, dated November 2, 2017. By order on certification of this Court dated January 8, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Catherine S. Bridge, Esq.1110 South Avenue, Suite 402Staten Island, NY 10314718-448-9600By letter dated January 24, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated 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.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Elizabeth Lopez, ap, v. Jaris Divios Sweet respondents- respondents res — Appeal by Elizabeth Lopez from an order of the Family Court, Kings 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 attorney for the children to serve and file a brief on the appeal is enlarged until February 26, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Dillon, J.P.; Austin, Miller and Hinds-Radix, JJ.U.S. Bank, National Association, etc., res, v. David Lee, ap — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 18, 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]).DILLON, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.By Dillon, J.P.; Austin, Miller and Hinds-Radix, JJ.JPMorgan Chase Bank, National Association, etc., res, v. Providenza Rizzo, etc., appellant def — Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Nassau County, entered October 24, 2016, and November 10, 2016, respectively, 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 appeals are dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).DILLON, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.By Dillon, J.P.; Austin, Miller and Hinds-Radix, JJ.Veta Brown, plf-res, v. Home Sales, Inc., def-res, Eric Tenn Thomas, Jr., appellant def — 2017-04935, 2017-04936Veta Brown, plaintiff-respondent,v Home Sales, Inc., defendant-respondent,Eric Tenn Thomas, Jr., appellant defendants.(Index No. 504151/15)Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court, entitled “MATTER of the Dismissal of Causes for Failure to Perfect,” dated July 5, 2017, as dismissed an appeal from an order of the Supreme Court, Kings County, dated January 26, 2016, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, to consolidate the appeal with appeals from two orders of the Supreme Court, Kings County, both dated April 18, 2017, and to enlarge the time to perfect the appeals. Cross motion to dismiss the appeal from the order dated January 26, 2016, for failure to timely perfect.Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it isORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion dated July 5, 2017, as dismissed the appeal from the order dated January 26, 2016, and to reinstate that appeal are denied; and it is further,ORDERED that the branches of the motion which are to consolidate the appeals and to enlarge the time to perfect the appeal from the order dated January 26, 2016, are denied as academic; and it is further,ORDERED that the branches of the motion which are to enlarge the time to perfect the appeals from the orders dated April 18, 2017, are granted, and the appellant’s time to perfect those appeals is enlarged until March 30, 2018; and it is further,ORDERED that the cross motion is denied as academic.DILLON, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.By Rivera, J.P.; Miller, Nelson and Iannacci, JJ.MATTER of Renee Fishon, etc., res, v. Richmond University Medical Center, ap — Motion by the appellant to strike stated portions of the respondent’s brief on an appeal from an order of the Supreme Court, Richmond County, dated June 15, 2017, and to enlarge the time to serve and file a reply brief.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the third full sentence on page 21 of the respondent’s brief is stricken and on or before February 28, 2018, the respondent shall either delete the stricken material from the copies of the respondent’s brief filed with the Clerk of this Court, or remove and replace the page containing the stricken material from the copies of the respondent’s brief filed with the Clerk of this Court, or serve and file a replacement respondent’s brief that does not contain the stricken material; and it is further,ORDERED that appellant’s time to serve and file a reply brief is enlarged until March 14, 2018, and the reply brief shall be served and filed on or before that date.RIVERA, J.P., MILLER, BRATHWAITE NELSON and IANNACCI, JJ., concur.By Leventhal, J.P.; Chambers, Miller and Duffy, JJ.PEOPLE, etc., res, v. Edward L. Stevens, ap — Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered February 27, 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:Mark Diamond, Esq.Box 287356 – Yorkville StationNew York, NY 10128and 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.LEVENTHAL, J.P., CHAMBERS, MILLER and DUFFY, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Nadine Leach, ap, v. State of New York, res — (Claim No. 128561) — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Court of Claims dated December 20, 2016. By order of the Appellate Division of the Supreme Court in the Third Judicial Department dated January 4, 2018, the appeal and the motion were transferred to this Court for hearing and determination.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that on the Court’s own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,ORDERED that the motion is denied as academic.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Dillon, J.P.; Cohen, Miller and Duffy, JJ.3301 Atlantic Avenue, LLC appellants- res, v. Atlantic Chestnut, LLC respondents-appellants defendants (and a third-party action). — Motion by the appellants-respondents to stay enforcement of stated portions of an order of the Supreme Court, Kings County, dated July 19, 2017, pending hearing and determination of an appeal and cross appeals therefrom.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., COHEN, MILLER and DUFFY, JJ., concur.Leroy Wood, ap, v. Magda Villanueva, def, Deutsche Bank National Trust Company, etc., res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated March 30, 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, the appellant’s time to serve and file a reply brief is enlarged, and the reply brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.By Leventhal, J.P.; Chambers, Miller and Duffy, JJ.PEOPLE, etc., res, v. Jeffrey Joseph, ap — Motion by Jeffrey Joseph 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 21, 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 it is further,ORDERED that the moving papers are deemed to constitute a timely notice of appeal.LEVENTHAL, J.P., CHAMBERS, MILLER and DUFFY, JJ., concur.By Scheinkman, P.J.; Dillon, Hinds-Radix and Christopher, JJ.Suzanne Boltz, ap, v. Michael Allen Boltz, res — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Suffolk County, dated September 21, 2016. Application by the attorney for the children pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion and the application are granted, the time for the respondent and the attorney for children to serve and file their respective briefs is enlarged until February 13, 2018, and the briefs of the respondent and the attorney for children shall be served and filed on or before that date.SCHEINKMAN, P.J., DILLON, HINDS-RADIX and CHRISTOPHER, JJ., concur.Bank of New York Mellon, res, v. Ann Forman, appellant def — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Suffolk County, both dated June 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, the respondent’s time to serve and file a brief is enlarged, and the respondent’s brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.By Dillon, J.P.; Hinds-Radix, Lasalle and Connolly, JJ.Audrey Harris, individually, and as mother and natural guardian of Corey Harris, an infant over the age of 14 years, Dawan Harris, an infant over the age of 14 years, and Mikhya Kennedy, an infant under the age of 14 years, ap, v. City of New York, et al., respondents def — Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated May 20, 2015, which was determined by decision and order of this Court dated September 20, 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.DILLON, J.P., HINDS-RADIX, LASALLE and CONNOLLY, JJ., concur.By Leventhal, J.P.; Chambers, Miller and Duffy, JJ.PEOPLE, etc., res, v. Hasrat Ali, ap — Motion by Hasrat Ali pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered February 1, 2017.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the moving papers are deemed to constitute a timely notice of appeal.LEVENTHAL, J.P., CHAMBERS, MILLER and DUFFY, JJ., concur.By Rivera, J.P.; Miller, Nelson and Iannacci, JJ.PEOPLE, etc., res, v. John M. Leddy, ap — (S.C.I. No. 238S/17) — Motion by John M. Leddy pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Dutchess County, rendered October 12, 2017.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the moving papers are deemed to constitute a timely notice of appeal.RIVERA, J.P., MILLER, BRATHWAITE NELSON and IANNACCI, JJ., concur.By Balkin, J.P.; Austin, Nelson and Christopher, JJ.MATTER of Vernisa Depass, ap, v. Stuart J. Mitchell III, etc. res — Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated November 16, 2016, for waiver of the filing fee, 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 to enlarge the time to perfect the appeal is granted, and the time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing a brief on the appeal is enlarged until March 16, 2018; and it is further,ORDERED that the motion is otherwise denied.BALKIN, J.P., AUSTIN, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.By Dillon, J.P.; Hinds-Radix, Maltese and Lasalle, JJ.PEOPLE, etc., res, v. Frank Barnett, ap — Motion by the respondent to dismiss, for failure to prosecute, an appeal from a judgment of the County Court, Suffolk County, rendered June 21, 2005, which was deemed abandoned pursuant to 22 NYCRR 670.8(f).Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied, without prejudice to renew upon proper papers, including proof of service upon the appellant, inter alia, at his last known place of residence or, if he is imprisoned, at the institution at which he is confined (see CPL 470.60[2]), or, if so advised, to make a motion to abate the appeal pursuant to People v. Mintz (20 NY2d 770).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 NumberApplicant Name(s) Extended Deadline211-12 Northern Boulevard Corp. v. LIC Contracting, Inc. 2017-09187LIC Contracting, Inc.Seungho KimJeewha KimApril 2, 2018Deutsche Bank v. Elshiekh2017-01653Moustafa ElshiekhLorraine PavonFebruary 8, 2018HSBC Bank USA, National Association v. Perry2017-08168Christopher PerryLillian BowmanMarch 22, 2018Matter of Anderson v. Board of Education of the Oyster Bay East Norwich Central School District2017-04811Board of Education of the Oyster Bay East Norwich Central School DistrictOyster Bay-East Norwich Central School DistrictFebruary 5, 2018Matter of G. (Anonymous), Ryan T.2017-03238Todd G.Elisa A. D.February 23, 2018Matter of State Farm Insurance Company v. McLymont2017-08969Eileen FinneganNationwide Property and CasualtyApril 10, 2018Matter of Tuckahoe Common School District v. Town of Southampton 2017-08645Tuckahoe Common School District March 26, 2018People v. Epps, Raymond2016-02144People of State of New York March 5, 2018People v. Smiley, Antoine2016-07021People of State of New YorkFebruary 7, 2018Peralta v. New York City Housing Authority2017-08544New York City Housing AuthorityFebruary 26, 2018Rides Unlimited of New York, Inc. v. Engineered Energy Solutions, LLC2017-06508Rides Unlimited of New York, Inc.February 14, 2018SK’s Cosmetic Boutique, Inc. v. Citizens Insurance Company of America2017-08308SK’s Cosmetic Boutique, Inc.March 14, 2018Shamilzadeh v. Ralco Realty, LLC2017-07889Irina LeviyevaVyacheslav IshkhakovFebruary 26, 2018Shamilzadeh v. Ralco Realty, LLC2017-07889Ralco Realty, LLCFebruary 26, 2018March 22, 2018Wells Fargo Bank, National Association, on behalf of the certificate holders of Securitized Asset Backed Receivables, LLC v. Islam 2017-06924Wells Fargo Bank, National Association, on behalf of the certificateholders of Securitized Asset Backed Receivables, LLCFebruary 5, 2018By Leventhal, J.P.; Cohen, Maltese and Barros, JJ.Zurich American Insurance Company, as subrogee of Recall Holdings Ltd. res, v. City of New York, ap — Motion by Laurin Howard Mills, an attorney in good standing in the Commonwealth of Virginia, to be admitted pro hac vice to represent the respondents Recall Corporation, Recall Holdings Ltd., Recall Total Information Management, and Citipostal, Inc., on an appeal from an order of the Supreme Court, Kings County, dated June 2, 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.LEVENTHAL, J.P., COHEN, MALTESE and BARROS, JJ., concur.By Leventhal, J.P.; Cohen, Maltese and Barros, JJ.MATTER of Shanica Huggins, ap, v. Yosef Eshel, res — (Proceeding No. 1)MATTER of Yosef Eshel, res, v. Shanica Huggins, ap — (Proceeding No. 2) — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated August 23, 2017, as a poor person and for the assignment of counsel.Upon the papers filed in support of the motion and no papers filed in opposition or in relation thereto, it isORDERED that the motion is denied, with leave to renew on or before February 26, 2018, upon proper papers, including the appellant’s affidavit setting forth the appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses; 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]), on or before February 26, 2018, 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, as set forth above; or(5) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5), above, has been taken on or before on or before February 26, 2018, 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.LEVENTHAL, J.P., COHEN, MALTESE and BARROS, JJ., concur.Dayna Guadagno, res, Glen Oaks Club, appellant def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 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.Allen B. Chefitz, ap, v. Salvatore L. Gigante, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 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.Raymond Eplan res, v. Toyota Financial Services Americas Corporation, et al., ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 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.Susan B. Walker, ap, v. Peter B. Walker, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 21, 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.NMNT Realty Corp., ap, v. Knoxville 2012 Trust, res, et al, def — Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 28, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated January 22, 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 Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.US Bank National Association, res, v. Baruch Mendelovitz, etc., appellant def — Application to withdraw appeals from two orders of the Supreme Court, Kings County, both dated March 11, 2016.Upon the stipulation of the attorneys for the respective parties to the appeals dated January 19, 2018, it isORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Manuel Morales-Robinson plaintiffs- res, v. 340 Court Street, LLC def-res, AMJ Ion Works Corp., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 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.Pacific Western, Inc., ap, v. E & A Restoration, Inc., res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, entered February 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 appellant’s time to serve and file a reply brief is enlarged, and the reply brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.Katoyia Duncan, appellant-res, v. Emerald Expositions, LLC def, Freeman Company, res-res — Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge until February 28, 2018, the time to serve and file a reply brief on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated September 6, 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 appellant-respondent’s time to serve and file a reply brief is enlarged until February 20, 2018, the reply brief shall be served and filed on or before that date, and the application is otherwise denied.By Dillon, P.J.; Leventhal, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Carlos Leon, ap — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated January 17, 2018, in the above-titled case, is recalled and vacated, and the following decision and order on motion is substituted therefor: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 September 8, 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 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’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.DILLON, J.P., LEVENTHAL, LASALLE and BRATHWAITE NELSON, JJ., concur.Equity Recovery Corp., res, v. Joseph Sprei ap — Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge until April 6, 2018, the time to perfect the appeals from an order of the Supreme Court, Kings County, dated April 21, 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 time to perfect the appeals is enlarged until March 7, 2018, the joint record or appendix on the appeals and the appellants’ respective briefs shall be served and filed on or before that date, and the application is otherwise denied.By Mastro, J.P.; Balkin, Cohen and Duffy, JJ.MATTER of Alson Farley, pet, v. Michelle Brice, res — Motion by Michelle Brice for leave to appeal to this Court from an order of the Family Court, Westchester County, dated January 18, 2018, and to stay enforcement of the order, pending hearing and determination of the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,ORDERED that the motion is otherwise denied as academic.MASTRO, J.P., BALKIN, COHEN and DUFFY, JJ., concur.By Mastro, J.P.; Balkin, Cohen and Duffy, JJ.Wells Fargo Bank, res, v. Eldad Cohen, appellant def — Motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 26, 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., BALKIN, COHEN and DUFFY, JJ., concur.Kim & Bae, P.C. ap, v. Sunki Lee, et al, 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, Queens County, dated March 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, the appellants’ time to perfect the appeal is enlarged, and the record on the appeal and the appellants’ brief submitted to the Clerk of the Court are accepted for filing and deemed timely served.
