2015-2277 Q C. MASIGLA v. UNITED SERVS. AUTO. ASSN. — Appeal from an order of the Civil Court of the City of New York, Queens County, entered August 20, 2015.On the court’s own motion, it isORDERED that the appeal is dismissed, as, by order entered February 3, 2016, the action was dismissed with prejudice (see Livny v. Rotella, 305 AD2d 377 [2003]; Fair Price Med. Supply Corp. v. ELRAC, Inc., 13 Misc 3d 33 [App Term, 2d Dept, 2d & 11th Jud Dists 2006]).November 29, 20172017-1556 Q CR. THE PEOPLE v. DALRYMPLE, KELVIN — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered July 19, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion is granted and the Legal Aid Society is assigned as counsel; and it is further,ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.November 29, 20172017-2158 Q C. FILAURI v. BRITTON — Appeal from a so-ordered stipulation of settlement of the Civil Court of the City of New York, Queens County, entered into August 31, 2017.On the court’s own motion, it isORDERED that the appeal is dismissed, as no appeal lies from a stipulation of settlement (see CPLR 5511; CCA 1702).November 29, 20172017-2161 Q C. BEST v. SLEEP INN JFK — Appeal from an order of the Civil Court of the City of New York, Queens County, entered July 20, 2017.On the court’s own motion, it isORDERED that the appeal is dismissed, as the action was dismissed on October 5, 2017 based on appellant’s failure to appear at trial.November 29, 20172017-2187 K CR. THE PEOPLE v. FRANKLIN, VON — Motion by appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered October 5, 2017, for the assignment of counsel. By order dated October 5, 2017, the Criminal Court of the City of New York, Kings County, granted an application pursuant to CPL 380.55 for leave to prosecute the appeal as a poor person.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the order dated October 5, 2017, it isORDERED that, pursuant to County Law §722, the following named attorney is assigned as counsel to prosecute the appeal:Seymour W. James, Jr., Esq.,New York City Legal Aid Society 199 Water Street, 5th Floor New York, NY 10038and it is further,ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.November 29, 20172017-2225 Q C. RENELIQUE v. AMICA MUT. INS. CO. — Appeal from an order of the Civil Court of the City of New York, Queens County, entered September 27, 2013. A review of the record indicates that appellant was served with a copy of the order appealed from, with notice of entry, on September 30, 2013 and the notice of appeal was not filed until October 30, 2017. On the court’s own motion, it isORDERED that the appeal is dismissed as untimely (see CPLR 5513).November 29, 20172017-2227 Q C. JJ&R CHIROPRACTIC, P.C. v. ELRAC, INC. — Appeal from a decision of the Civil Court of the City of New York, Queens County, dated August 23, 2017.On the court’s own motion, it isORDERED that the appeal is dismissed, as no appeal lies from a decision (see CCA 1702).November 29, 20172017-2232 K CR. THE PEOPLE v. TORRES, JOSE — Motion by appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered October 17, 2017, for the assignment of counsel. By order dated October 17, 2017, the Criminal Court of the City of New York, Kings County, granted an application pursuant to CPL 380.55 for leave to prosecute the appeal as a poor person.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the order dated October 17, 2017, it isORDERED that, pursuant to County Law §722, the following named attorney is assigned as counsel to prosecute the appeal:Seymour W. James, Jr., Esq.,New York City Legal Aid Society 199 Water Street, 5th Floor New York, NY 10038and it is further,ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further, ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report. November 29, 20172017-2238 Q C. BAYLEY-POLLOCK v. HARGROVE — Appeal from a decision of the Civil Court of the City of New York, Queens County, dated May 10, 2017.On the court’s own motion, it isORDERED that the appeal is dismissed, as no appeal lies from a decision (see CCA 1702).It is noted that the final judgment has been separately appealed (appeal No. 2017-2237 Q C).November 29, 20172017-2247 Q C. EMA REALTY, LLC v. LEYVA — Appeal from an order of the Civil Court of the City of New York, Queens County, entered October 5, 2016.On the court’s own motion, it isORDERED that the appeal is dismissed, as the order entered October 5, 2016 was vacated by an order of the Civil Court entered June 27, 2017.November 29, 20172017-2248 K C. W.H.O. ACUPUNCTURE, P.C. v. ELRAC — Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 3, 2017. A review of the record indicates that appellant was served with a copy of the order appealed from, with notice of entry, on March 24, 2017 and the notice of appeal was not filed until September 13, 2017. On the court’s own motion, it isORDERED that the appeal is dismissed as untimely (see CPLR 5513).November 29, 2017Ninth and TenthJudical DisTRICTSBy: Marano, P.J., Tolbert, Garguilo, JJ.2017-1785 S C. ATIF v. DISAPIO — Motion by appellant, by order to show cause, for a stay pending the determination of an appeal from a final judgment of the District Court of Suffolk County, Fifth District, entered July 13, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion is denied without prejudice to renewal upon proper notice, as appellant failed to serve respondent by the date directed in the order to show cause.November 29, 20172017-1845 S C. HAWTHORNE CT., LLC v. WEST — Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Suffolk County, Fifth District, entered August 17, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted on condition that the appeal be perfected on or before March 2, 2018. Appellant is directed to pay to respondent the sum of $3,030 in rent and/or use and occupancy within 10 days from the date of this decision and order on motion and to continue to pay respondent use and occupancy from December 1, 2017 at the rate previously payable as appellant’s share of the rent as it becomes due; and it is further,ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days’ notice.November 29, 20172017-1991 S CR. PEOPLE v. HYER, WILLIAM J. — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered September 19, 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 motion is granted and the Legal Aid Society is assigned as counsel; and it is further,ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.November 29, 2017
