By Mastro, J.P.; Chambers, Austin and Duffy, JJ.HSBC Bank, USA, res, v. Daniel M. Myers ap, et al., def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered February 25, 2016, on the ground that the order was superseded by an order of the same court entered October 4, 2016, or, in the alternative, to consolidate the appeal from the order entered February 25, 2016, with an appeal from the order entered October 4, 2016.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 on the Court’s own motion, the appeals will be calendared together and will be argued or submitted on the same date.MASTRO, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.By Chambers, J.P.; Hall, Maltese and Brathwaite Nelson, JJ.Harold Victor, ap, v. County of Suffolk, respondent def — Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated September 10, 2014, which was determined by decision and order of this Court dated May 10, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.CHAMBERS, J.P., HALL, MALTESE and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Cohen, Miller and Barros, JJ.PEOPLE ex rel. Erik White, ap, v. Michael Capra, Superintendent of Sing Sing Correctional, res — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, dated February 17, 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 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 that is issued ex parte (see CPLR 5701, 5704); and it is further,ORDERED that the motion is denied as academic.RIVERA, J.P., COHEN, MILLER and BARROS, JJ., concur.By Dillon, J.P.; Balkin, Miller and Lasalle, JJ.FNMA, ap, v. George Mack, res — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 18, 2017, as untimely taken.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., BALKIN, MILLER and LASALLE, JJ., concur.By Dillon, J.P.; Balkin, Miller and Lasalle, JJ.U.S. Bank National Association, as trustee for WFMBS 2006-AR5, res, v. Ephraim Abramson ap, et al., def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated August 19, 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., BALKIN, MILLER and LASALLE, JJ., concur.By Rivera, J.P.; Cohen, Maltese and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Anthony J. Spagnola, ap — Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the County Court, Orange County, rendered November 22, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is enlarged, and the appellant shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions.RIVERA, J.P., COHEN, MALTESE and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Cohen, Miller and Barros, JJ.First American Title Insurance Company, etc., res, v. Marie Chavannes, etc, def, Marvin Comond, ap — Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated January 4, 2017, as a poor person.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 branches of the motion which are to waive payment of the filing fee and for free transcripts are denied; and it is further,ORDERED that on the Court’s own motion, 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 a brief on the appeal is enlarged until January 29, 2018.RIVERA, J.P., COHEN, MILLER and BARROS, JJ., concur.By Rivera, J.P.; Cohen, Miller and Barros, JJ.MATTER of Matthew Longo res, v. Chaloea Williams, ap — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated March 22, 2017, as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted and 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 a brief on the appeal is enlarged until January 29, 2018.RIVERA, J.P., COHEN, MILLER and BARROS, JJ., concur.By Chambers, J.P.; Roman, Miller and Duffy, JJ.PEOPLE, etc., plf, v. Frederick L. Williams, def — Motion by the defendant for leave to appeal to the Court of Appeals from a decision and order on application of this Court dated August 10, 2017, which denied his application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated January 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.CHAMBERS, J.P., ROMAN, MILLER and DUFFY, JJ., concur.By Chambers, J.P.; Austin, Roman and Barros, JJ.Michael Carroll, res, v. Ioannis Kontarinis ap — Motion by the respondent for leave to “renew an appeal” from an order of the Supreme Court, Richmond County, dated May 13, 2016, which was determined by decision and order of this Court dated May 17, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., AUSTIN, ROMAN and BARROS, JJ., concur.By Mastro, J.P.; Rivera, Hall and Maltese, JJ.MATTER of Jonathan Perry ap, v. Patricia A. Brennan Qualified Personal Residence Trust, a/k/a Patricia A. Brennan Personal Residence Trust res — Motion by the appellants for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, dated March 19, 2015, which was determined by decision and order of this Court dated August 2, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.MASTRO, J.P., RIVERA, HALL and MALTESE, JJ., concur.By Chambers, J.P.; Miller, Duffy and Connolly, JJ.Hoeg Corporation, res, v. Peebles Corporation, ap — Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated January 15, 2016, which was determined by decision and order of this Court dated August 9, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.CHAMBERS, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.By Dillon, J.P.; Austin, Roman and Cohen, JJ.Camille Williamson, ap, v. Long Island University, res — Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered July 19, 2016, which was determined by decision and order of this Court dated August 9, 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., AUSTIN, ROMAN and COHEN, JJ., concur.By Chambers, J.P.; Miller, Duffy and Connolly, JJ.David Yarom ap, v. Poliform S.P.A., res — Motion by the appellants for leave to reargue stated portions of appeals from an order of the Supreme Court, Nassau County, dated January 13, 2015, and a judgment of the same court entered May 27, 2015, which were determined by decision and order of this Court dated August 16, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.CHAMBERS, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.By Eng, P.J.; Rivera, Balkin and Leventhal, JJ.Sofia Fasolas, etc., plaintiff-respondent- ap, v. Bobcat of New York, Inc. def, Bobcat of Long Island, Inc. appellants-res, Port Jefferson Rental Center, Inc., doing business as Taylor Rental Center, defendant-res-res — Motion by the appellants-respondents for leave to reargue appeals and cross appeals from an order of the Supreme Court, Queens County, entered April 8, 2013, and a judgment of the same court entered April 22, 2013, which were determined by an opinion and order of this Court dated April 12, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion 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.ENG, P.J., RIVERA, BALKIN and LEVENTHAL, JJ., concur.By Mastro, J.P.; Leventhal, Miller and Brathwaite Nelson, JJ.Kristin Dupree, ap, v. Oliver Raymond Voorhees III, def, Karyn A. Villar res — Motion by the appellant for leave to reargue appeals from a decision of the Supreme Court, Nassau County, dated April 20, 2015, and a judgment of the same court dated December 10, 2015, which were determined by a decision and order of this Court dated August 9, 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.MASTRO, J.P., LEVENTHAL, MILLER and BRATHWAITE NELSON, JJ., concur.By Chambers, J.P.; Roman, Miller and Duffy, JJ.J.C. Ryan Ebco/H&G, LLC, etc., ap, v. Cyber-Struct, Inc. respondents def — Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated November 29, 2016, as untimely taken.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., ROMAN, MILLER and DUFFY, JJ., concur.By Chambers, J.P.; Roman, Miller and Duffy, JJ.JP Morgan Chase Bank, National Association, res, v. Rosa C. Escobar, etc., ap, et al., def — Motion by the appellant to enlarge the record to include a certain computer printout, on an appeal from an order of the Supreme Court, Suffolk County, dated August 29, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., ROMAN, MILLER and DUFFY, JJ., concur.By Chambers, J.P.; Roman, Miller and Duffy, JJ.Onder Realty, Inc., ap, v. Keyspan Corp. respondents def — Motion by Bruce W. Felmy, an attorney in good standing in the State of New Hampshire, to be admitted pro hac vice to represent the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated January 7, 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.CHAMBERS, J.P., ROMAN, MILLER and DUFFY, JJ., concur.By Chambers, J.P.; Roman, Miller and Duffy, JJ.Soldiers and Sailors Memorial Committee, Inc., ap, v. Keyspan Corp. res, et al., def — Motion by Bruce W. Felmy, an attorney in good standing in the State of New Hampshire, to be admitted pro hac vice to represent the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated January 7, 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.CHAMBERS, J.P., ROMAN, MILLER and DUFFY, JJ., concur.By Chambers, J.P.; Roman, Miller and Duffy, JJ.TJO, Inc., ap, v. Keyspan Corp., et al., res — Motion by Bruce W. Felmy, an attorney in good standing in the State of New Hampshire, to be admitted pro hac vice to represent the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated January 7, 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.CHAMBERS, J.P., ROMAN, MILLER and DUFFY, JJ., concur.By Dillon, J.P.; Austin, Sgroi and Barros, JJ.Donald Panzo, Sr., etc., ap, v. Keyspan Corp. res — Motion by Bruce W. Felmy, an attorney in good standing in the State of New Hampshire, to be admitted pro hac vice to represent the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated January 7, 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.DILLON, J.P., AUSTIN, SGROI and BARROS, JJ., concur.By Dillon, J.P.; Austin, Sgroi and Barros, JJ.Jon Tsakis ap, v. Keyspan Corp. res — Motion by Bruce W. Felmy, an attorney in good standing in the State of New Hampshire, to be admitted pro hac vice to represent the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated January 7, 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.DILLON, J.P., AUSTIN, SGROI and BARROS, JJ., concur.By Chambers, J.P.; Roman, Miller and Duffy, JJ.J.C. Ryan Ebco/H&G, LLC, on behalf of itself and all other subcontractors similarly situated, ap, v. Cyber-Struct, Inc. res — Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 31, 2016, for failure to timely perfect.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 appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).CHAMBERS, J.P., ROMAN, MILLER and DUFFY, JJ., concur.By Eng, P.J.; Duffy, Connolly and Christopher, JJ.MATTER of James E. Bowser, deceased. Eboni Imhotep, petitioner-res, Ralph Ramos, res-res — (File No. 1441/14) — Motion by the petitioner-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 28, 2017, as untimely taken.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 appeal is dismissed, without costs or disbursements (see CPLR 5513[a]).ENG, P.J., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.58-48 Catalpa Realty Corp. ap, v. S & S Medical Associates, P.C. res — (File No. 346220) — 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 Surrogate’s Court, Nassau County, dated April 14, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the appellants’ time to perfect the appeal is enlarged until January 22, 2018, and the record or appendix on the appeal and the appellants’ brief shall be served and filed on or before that date.By Eng, P.J.; Duffy, Connolly and Christopher, JJ.PEOPLE, etc., res, v. Quanne Tomlinson, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered August 24, 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:Patrick Megaro, Esq.626 RXR Plaza6th Floor, West TowerUniondale, New York 11556and 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.ENG, P.J., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.By Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Elci Mejia, res, v. Cornelius Stubbs, ap — Appeal by Cornelius Stubbs from an order of the Family Court, Orange County, dated September 25, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Jjodi Appel-Kaplan, Esq., dated November 17, 2017, it isORDERED that pursuant to Family Court Act §1120, the following named attorney is assigned as the attorney for the child on the appeal:Jessica Bacal, Esq.61 Smith AvenueMt. Kisco, NY 10549914-767-9290and it is further,ORDERED that Jjodi Appel-Kaplan, Esq., is directed to turn over all papers in the proceeding to the new attorney for the child herein assigned.ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of David Naftali, ap, v. Galit Naftali, res — O-21887/14) — Appeal by David Naftali from an order of the Family Court, Queens County, dated December 22, 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 January 29, 2018.MATTER of Conrado Lopez, res, v. Kenia Prudencio, ap — Appeal by Kenia Prudencio from an order of the Family Court, Nassau County, dated April 21, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on December 4, 2017. 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.MATTER of Patricia Leonardo, ap, v. Glen Meyers, res — V-562-10) — Appeal by Patricia Leonardo from an order of the Family Court, Richmond County, dated January 10, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on December 4, 2017. 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 children in the above-entitled appeal shall be served and filed. MATTER of Elysia R. M. (Anonymous). New York Foundling Hospital, petitioner- res, Shamaya M. (Anonymous), respondent-appellant res — (Proceeding No. 1)MATTER of Richard M. (Anonymous). New York Foundling Hospital, petitioner- res, Shamaya M. (Anonymous), respondent-appellant res — (Proceeding No. 2) — Appeal by Shamaya M. from an order of the Family Court, Richmond County, dated December 15, 2016. The appellant’s brief was filed in the office of the Clerk of this Court on December 4, 2017. 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 children in the above-entitled appeal shall be served and filed.By Eng, P.J.MATTER of Kathleen M. Dennis, ap, v. Marjorie Davis-Schloemer res — Appeal by Kathleen M. Dennis from an order of the Family Court, Orange County, dated October 3, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Ariana Antonelli, Esq., dated October 17, 2017, it isORDERED that pursuant to Family Court Act §1120, the following named attorney is assigned as the attorney for the child on the appeal:Carl D. Birman, Esq.235 Mamaroneck Avenue, Suite 300White Plains, NY 10605914-630-4680and it is further,ORDERED that Ariana Antonelli, Esq., is directed to turn over all papers in the proceeding to the new attorney for the child herein assigned.ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Eng, P.J.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), respondent- appellant res — Appeal by Shay S. P., a/k/a Shay S. T., from an order of the Family Court, Westchester County, dated October 31, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of George E. Reed, Jr., dated December 1, 2017, it isORDERED that the following named attorney is assigned as counsel to prosecute the appeal:George E. Reed, Jr., Esq.222 Mamaroneck AvenueWhite Plains, NY 10605914-946-5000and 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 counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that assigned counsel shall serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, in cases where 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 order, the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this , the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of A. F. (Anonymous), res, v. K. H. (Anonymous), ap — Appeal by K. H. from an order of the Family Court, Rockland County, dated May 25, 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 January 16, 2018. MATTER of Li Wong, ap, v. Fen Liu, res — Appeal by Li Wong from an order of the Supreme Court, Kings County, dated November 14, 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 appellant to serve and file a reply brief is enlarged until December 20, 2017.MATTER of Zyla W. (Anonymous). Administration for Childrens Services, petitioner- res, Sharee J. (Anonymous), respondent- appellant res — Appeal by Sharee J. from an order of the Family Court, Kings County, dated August 17, 2017. By order on certification of this Court dated October 18, 2017, the following attorney was assigned as counsel for the appellant on the appeal:Tammi D. Pere, Esq.24 New York AvenueWest Hempstead, NY 11552516-426-8700By letter dated December 5, 2017, 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 that the transcripts have been received, and indicating the date received; or(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this Court dated October 18, 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 transcripts are expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.By Brathwaite Nelson, J.PEOPLE, etc., plf, v. Yong Chen, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Kings County, dated August 11, 2016, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Roman, J.PEOPLE, etc., plf, v. Donnell Genyard, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Queens County, dated April 28, 2016, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Roman, J.PEOPLE, etc., plf, v. Donnell Genyard, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Queens County, dated October 6, 2016, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.MATTER of Laura C. Prego, res, v. Stanley M. Tecza, ap — Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated September 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.Husniye A. Badoglu, ap, v. Serkan Badoglu, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 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 and the appeal is marked withdrawn.By Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Avi Rosenthal, res, v. Efraim M. Mammon ap — Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 22, 2017. By decision and order on motion of this Court dated November 20, 2017, that branch of the respondent’s motion which was to strike the appellant’s reply brief was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.Upon the stipulation of the attorneys for the respective parties to the appeal dated December 4, 2017, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,ORDERED that the branch of the respondent’s motion which was to strike the appellant’s reply brief is denied as academic.ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Francesca C. Disano, res, v. Carolyn Eiklor ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 26, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Surendra Kumar-Das, res, v. Carlos Speirs, def, Ramon Valdez ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 5, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Paula Cueva res, v. 5801 Woodside Avenue, LLC, ap — Appeal from an order of the Supreme Court, Queens County, dated July 10, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated December 4, 2017, it isORDERED that the appeal is marked withdrawn.Dolphus Grier, res, Sephardic Home for the Aged, Inc. ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 19, 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 Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Christian T. P. (Anonymous). Administration for Children’s Services, petitioner-appellant; Tyler J. (Anonymous), et al., respondents-respondents res — (Proceeding No. 1)MATTER of AaLoni J. (Anonymous). Administration for Children’s Services, petitioner-appellant; Tyler J. (Anonymous), et al., respondents-respondents res — (Proceeding No. 2) — Application to withdraw an appeal from an order of the Family Court, Queens County, dated April 11, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated November 29, 2017, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Theresa Lauro, ap, v. Dutchess County Department of Community & Family Services res — Appeal by Theresa Lauro from an order of the Family Court, Dutchess County, dated October 26, 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 January 12, 2018.By Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Daniel Costigan, ap, v. Elizabeth Renner, res — Appeal by Daniel Costigan from an order of the Family Court, Queens County, dated March 29, 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 January 29, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Philip Vella, res, v. Jodi Dillman, ap — Appeal by Jodi Dillman from an order of the Family Court, Suffolk County, dated July 19, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on December 5, 2017. 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 Neleh B. (Anonymous). Administration for Childrens Services, petitioner-res, Quincy J. (Anonymous), res-res — (Proceeding No. 1)MATTER of Winter B. (Anonymous). Administration for Childrens Services, petitioner-res, Quincy J. (Anonymous), res-res — (Proceeding No. 2) — Appeals by Quincy J. from two orders of the Family Court, Queens County, dated April 20, 2017, and July 19, 2017, respectively. The appellant’s brief was filed in the office of the Clerk of this Court on December 5, 2017. 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 children in the above-entitled appeals shall be served and filed.MATTER of Victoria B. (Anonymous). Westchester County Department of Social Services, petitioner-res, Jonathan M. (Anonymous), respondent-appellant res — N-2733-15, N-2735-15) — Appeal by Jonathan M. from an order of the Family Court, Westchester County, dated March 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 respondent to serve and file a brief on the appeal is enlarged until January 22, 2018.By Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Eduardo Najera, ap — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated November 29, 2017, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Rockland County, rendered August 29, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:James LicataOffice of the Public Defender11 New Hempstead RoadNew City, New York 10956-3664and 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.ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Chambers, J.P.; Hall, Sgroi and Barros, JJ.MATTER of Alex Anderson, Jr., ap, v. Mariah Angel Carey, res — Motion by the appellant pro se on an appeal from an order of the Family Court, Queens County, dated August 8, 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 no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., HALL, SGROI and BARROS, JJ., concur.By Eng, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Annika N. McKenzie, ap — Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered July 10, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Stephen Mahler, Esq.125-10 Queens Blvd., Suite 311Kew Gardens, NY 11415718-268-6000and 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.ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Yolanda Y. Andrade, res, v. Maclin A. Salvador, ap — V-5585-13, V-5586-13) — Appeal by Maclin A. Salvador from an order of the Family Court, Nassau County, dated October 31, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the children to serve and file a brief on the appeal is enlarged until January 16, 2018.Adam Rosenstock, res, v. Natalya Rosenstock, ap — Appeal by Natalya Rosenstock from a judgment of the Supreme Court, Kings County, dated March 23, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the children to serve and file a brief on the appeal is enlarged until January 5, 2018.By Chambers, J.P.; Hall, Sgroi and Barros, JJ.MATTER of Michael Grimes, ap, v. Carmela Pignalosa-Grimes, res — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Richmond County, dated July 27, 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 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 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 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 children, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that pursuant to Family Court Act §1120 the following named attorney is assigned as counsel to prosecute the appeal:Yasmin Daley Duncan, Esq.386 Parkside AvenueBrooklyn, N.Y. 11226866-565-3441and it is further,ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any or orders issued pursuant to 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that this decision and order on motion has been served upon the clerk of the court from which the appeal is taken, the date thereof and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.CHAMBERS, J.P., HALL,SGROI and BARROS, JJ., concur.By Chambers, J.P.; Hall, Sgroi and Barros, JJ.US Bank, res, v. Shawn A. Carrington defendants; 1698 Management Corp., nonparty-ap — Motion by the nonparty-appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 3, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., HALL, SGROI and BARROS, JJ., concur.By Chambers, J.P.; Hall, Iannacci and Barros, JJ.MATTER of Annetta Korszun, res, v. Matthew Kwas, ap — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Orange Queens County, dated December 15, 2011, 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 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, 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. Appellant 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 appellant serves the appellant’s brief upon those parties; and it is further,ORDERED that the appellant 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 appellant is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), 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 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 this decision and order on motion has been served upon the clerk of the court from which the appeal is taken, the date thereof and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.CHAMBERS, J.P., HALL, IANNACCI and BARROS, JJ., concur.By Chambers, J.P.; Hall, Sgroi and Barros, JJ.NYCTL 2011-A Trust, etc., res, v. Mario Conti appellants def — Motion by the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 30, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., HALL, SGROI and BARROS, JJ., concur.By Chambers, J.P.; Hall, Sgroi and Barros, JJ.Michael DeMatteo, res, v. Amanda DeMatteo, ap — Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated September 19, 2017, pending hearing and determination of an appeal therefrom, and for poor person relief.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is to stay enforcement of the order dated September 19, 2017, is denied; and it is further,ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew on or before January 10, 2018, upon proper papers, including the appellant’s affidavit setting forth the appellant’s full financial situation including all assets, both real and personal, including the value of any real property owned by the appellant and the amount of all debts encumbering the real property, as well as any and all sources of income and expenses, and the amount and source of counsel fees paid to retained counsel and other litigation expenses, such as transcripts, in the Supreme Court.CHAMBERS, J.P., HALL, SGROI and BARROS, JJ., concur.By Chambers, J.P.; Hall, Sgroi and Barros, JJ.Citibank, N.A., plf, v. Ann Reed, res, et al., defendants; Wilmington Trust, National Association, etc., nonparty-ap — Application by the nonparty-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 January 3, 2017. By order to show cause dated September 16, 2017, the parties were directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that the nonparty-appellant is not aggrieved by the order and the application was held in abeyance in the interim.Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion to dismiss the appeal is denied; and it is further,ORDERED that the application is granted, the nonparty-appellant’s time to perfect the appeal is enlarged until February 9, 2018, and the record or appendix on the appeal and the nonparty-appellant’s brief shall be served and filed on or before that date.CHAMBERS, J.P., HALL, SGROI and BARROS, JJ., concur.By Leventhal, J.P.; Lasalle, Nelson and Christopher, JJ.Deneen Fricano res, v. The Law Offices of Tisha Adams, LLC, et al., ap — Motion by the appellants on an appeal from an order of the Supreme Court, Richmond County, dated January 19, 2017, in effect, to amend so much of a decision and order on motion of this Court dated June 22, 2017, as amended September 12, 2017, as conditioned a stay of the trial in the above-entitled action upon the perfection of the appeal on or before November 13, 2017, and to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted, the decretal paragraphs of the decision and order on motion of this Court dated June 22, 2017, as amended September 12, 2017, are further amended by deleting therefrom the date “November 13, 2017,” and substituting therefor the date “January 10, 2018 ,” and the time to perfect the appeal is enlarged until January 10, 2018.LEVENTHAL, J.P., LASALLE, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.By Leventhal, J.P.; Austin, Cohen and Duffy, JJ.Central Mortgage Company, res, v. Teofilo Mendez, appellant def — Motion by the appellant to recall and vacate a decision and order on motion of this Court dated August 7, 2017, which dismissed an appeal from an order of the Supreme Court, Queens County, dated March 10, 2017, as untimely taken, and, in effect, to stay the sale of the subject premises, 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 motion is denied.LEVENTHAL, J.P., AUSTIN, COHEN and DUFFY, JJ., concur.By Eng, P.J.; Cohen, Maltese and Iannacci, JJ.MATTER of Markell W. (Anonymous), ap — Motion by the appellant on an appeal from an order of the Family Court, Orange County, dated July 18, 2017, in effect, to amend so much of a decision and order on motion of this Court dated September 28, 2017, as conditioned a stay of enforcement of the order dated July 18, 2017, upon the perfection of the appeal on or before November 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 and the decision and order on motion of this Court dated September 28, 2017, is amended by deleting from the decretal paragraphs thereof the date November 13, 2017, and substituting therefor the date January 10, 2018.ENG, P.J., COHEN, MALTESE and IANNACCI, JJ., concur.Deutsche Bank National Trust Company, etc., res, v. Shahnaz Ahmed, ap, et al., def — 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, Kings County, dated May 4, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the appellant’s time to serve and file a reply brief is enlarged until December 26, 2017, and the reply brief shall be served and filed on or before that date.US Bank National Association, etc., res, v. Melanie Kail, appellant def — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) for a 10-day enlargement of time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, entered October 20, 2015.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 December 15, 2017, and the reply brief shall be served and filed on or before that date.Erin McGuinness, an infant by her mother and natural guardian, Jennifer McGuinness, et al., res, v. James Shane ap — Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) for a 60-day enlargement of time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated March 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 respondents’ time to serve and file a brief is enlarged until December 26, 2017, the respondents’ brief shall be served and filed on or before that date, and the application is otherwise denied.MATTER of Thomas Elmezzi, deceased. Stephen J. Saft, etc. petitioners-res, Enrique C. Molina, respondent-appellant; The Thomas & Jeanne Elmezzi Private Foundation, et al, res-res — (File No. 339363) — Application by respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) for an enlargement of time until December 21, 2017 to serve and file a reply brief on an appeal from an order of the Surrogate’s Court, Nassau County, dated March 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 respondent-appellant’s time to serve and file a reply brief is enlarged until December 21, 2017, and the reply brief shall be served and filed on or before that date.Federal National Mortgage Association, res, v. Robert Kraus, appellant def — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Rockland County, dated April 5, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the appellant’s time to perfect the appeal is enlarged until January 10, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.By Leventhal, J.PEOPLE, etc., res, v. Alberto Araujo, ap — Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Kings County, rendered November 20, 2017, and 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.By Dillon, J.P.; Sgroi, Cohen and Barros, JJ.RSA Catering, LLC, res, v. Scott Schneider ap — Appeals from an order of the Supreme Court, Nassau County, entered May 12, 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 appeal taken on behalf of the defendants by Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara Wolf & Carone, LLP, from the order entered May 12, 2017, in the above-entitled action on the ground that Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara Wolf & Carone, LLP, did not have authority to file a notice of appeal on the defendants’ behalf (see CPLR 321), 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 January 2, 2018, or, if RSA Catering, LLC, be so advised, to make a motion to correct the notice of cross appeal to reflect that it is the proper cross appellant (see Matter of Tagliaferri, 1 NY3d 605; CPLR 2001), on or before January 2, 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.DILLON, J.P., SGROI, COHEN and BARROS, JJ., concur.
