By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Diane E. Moir, an attorney and counselor-at-law. (Attorney Registration No. 4987517) — Application by Diane E. Moir, who was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 6, 2012, to change her name on the roll of attorneys and counselors-at-law to Diane E. DiBlasio.Upon the papers filed in support of the application, it isORDERED that the application is granted; and it is further,ORDERED that the Clerk of the Court shall change the applicant’s name on the roll of attorneys and counselors-at-law from Diane E. Moir to Diane E. DiBlasio, effective immediately.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Karin Stokman Riecker, an attorney and counselor-at-law. (Attorney Registration No. 2603751) — Application by Karin Stokman Riecker, who was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 27, 1994, to change her name on the roll of attorneys and counselors-at-law to Karin Maria McCormick.Upon the papers filed in support of the application, it isORDERED that the application is granted; and it is further,ORDERED that the Clerk of the Court shall change the applicant’s name on the roll of attorneys and counselors-at-law from Karin Stokman Riecker to Karin Maria McCormick, effective immediately.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Laura Karen Demastus, an attorney and counselor-at-law. (Attorney Registration No. 5019583) — Application by Laura Karen Demastus, who was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 18, 2012, to change her name on the roll of attorneys and counselors-at-law to Laura Demastus Calder.Upon the papers filed in support of the application, it isORDERED that the application is granted; and it is further,ORDERED that the Clerk of the Court shall change the applicant’s name on the roll of attorneys and counselors-at-law from Laura Karen Demastus to Laura Demastus Calder, effective immediately.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Sean Grogan, admitted as John Gerard Grogan, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Sean Grogan, res — (Attorney Registration No. 2269165) — Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts (1) to immediately suspend the respondent from the practice of law, pursuant to 22 NYCRR 1240.9(a)(3) and (5), upon a finding that he is guilty of professional misconduct immediately threatening the public interest based upon his failure to comply with the lawful demands of the Grievance Committee and other uncontroverted evidence of professional misconduct, (2) to provide notice to the respondent, pursuant to 22 NYCRR 1240.9(b), that he may be disbarred by the Court without further notice in the event that he fails to respond to or appear for further investigatory or disciplinary proceedings within six months, and (3) to refer the issues raised to a Special Referee, to hear and report. Pursuant to Judiciary Law §90(6), the Grievance Committee was authorized by order to show cause of this Court dated October 23, 2017, to serve the respondent with the motion and any future papers in this matter, using substituted service. On October 23, 2017, the Grievance Committee served the motion upon the respondent, by first class mail, at the home and office addresses the respondent provided with his attorney registration, and duly filed an affidavit of service with this Court. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 31, 1989, under the name John Gerard Grogan.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 pursuant to 22 NYCRR 1240.9(a)(3) and (5), the respondent, Sean Grogan, admitted as John Gerard Grogan, is immediately suspended from the practice of law in the State of New York, pending further order of the Court; and it is further,ORDERED that the respondent, Sean Grogan, admitted as John Gerard Grogan, shall promptly comply with this Court’s rules governing the conduct of disbarred or suspended attorneys (see 22 NYCRR 1240.15); and it is further,ORDERED that pursuant to Judiciary Law §90, during the period of suspension and until further order of this Court, the respondent, Sean Grogan, admitted as John Gerard Grogan, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,ORDERED that if the respondent, Sean Grogan, admitted as John Gerard Grogan, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 1240.15(f); and it is further,ORDERED that on the Court’s own motion, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts is directed to institute and prosecute a disciplinary proceeding in this Court pursuant to 22 NYCRR 1240.8 based upon the allegations of professional misconduct set forth in the affirmation of David W. Chandler, dated October 18, 2017; and it is further,ORDERED that within 30 days of the date of this decision and order on motion, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts shall serve a notice of petition and verified petition pursuant to 22 NYCRR 1240.8(a)(1), upon the respondent, Sean Grogan, admitted as John Gerard Grogan, as authorized by the order to show cause of this Court dated October 23, 2017, using substituted service, file the notice of petition and verified petition, as well as proof of service, with this Court, and serve copies of the notice of petition and the verified petition upon the Special Referee, appointed herein; and it is further,ORDERED that the issues raised are referred to the Honorable Charles J. Thomas, 50 East 89th Street, #10-F, New York, NY 10128, as Special Referee, to hear and report, with the hearing to be completed within 90 days of the date of this decision and order on motion, or as soon thereafter as practicable, and to submit a report, which contains his findings on the issues and charges, within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda; and it is further,ORDERED that pursuant to 22 NYCRR 1240.9(b), in the event the respondent, Sean Grogan, admitted as John Gerard Grogan, fails to respond to or appear for further investigatory or disciplinary proceedings within six months of the date of this decision and order on motion, he may be disbarred by the Court without further notice.We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based on his failure to comply with the lawful demands of the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts and the uncontroverted evidence that he misappropriated client funds.
Failure to_Comply with_Lawful Demands_of the_Grievance CommitteeThe McMahon_ComplaintOn November 25, 2016, the Grievance Committee received a complaint of professional misconduct against the respondent from Michael McMahon. According to the complaint, the respondent received a $97,000 down payment in connection with Mr. McMahon’s sale of property located in Rockaway Park, New York. Although the real estate transaction closed, Mr. McMahon has not received his funds despite the respondent’s multiple assurances that he would pay him. By letter dated February 14, 2017, Mr. McMahon’s attorney, Steven S. Kaiser, forwarded additional information to the Grievance Committee including copies of a down payment check, a letter from the respondent dated January 25, 2016, acknowledging receipt of the down payment, a statement signed by the respondent dated August 19, 2016, acknowledging that he owed $97,000 to Mr. McMahon and promising to pay Mr. McMahon by September 30, 2016, and a police department complaint filed by Mr. McMahon.By letter dated February 23, 2017, the Grievance Committee notified the respondent that it had opened an investigation based upon Mr. McMahon’s complaint and requested his answer within 10 days of his receipt thereof. No response was received from the respondent.A second request was made by letter dated April 24, 2017, sent to the respondent’s office address by regular and certified mail return receipt requested, which demanded that he submit an answer on or before May 8, 2017. Both letters were returned to the Grievance Committee by the U.S. Postal Service, and marked “RETURN TO SENDER ATTEMPTED – NOT KNOWN UNABLE TO FORWARD.”The Dishonored_Check ComplaintOn March 27, 2017, the Grievance Committee received a dishonored check report from the Lawyers’ Fund for Client Protection, which advised that a check in the amount of $562 drawn on the respondent’s attorney IOLA account at TD Bank was returned for insufficient funds on February 27, 2017. By letter dated April 4, 2017, sent to the respondent’s office address, the Grievance Committee notified him that a sua sponte complaint had been initiated based upon the dishonored check report, and requested that he provide an answer together with certain bank and bookkeeping records. No response was received from the respondent.On May 8, 2017, the Grievance Committee’s investigator sent an address verification request to the U.S. Postal Service for the respondent’s home address, and received a response on May 22, 2017, which advised that the address was “good as given.”A second request for the respondent’s response to the dishonored check complaint was made by letter dated May 23, 2017, sent to his registered office address. No response was received from the respondent.A third request for the respondent’s response to Mr. McMahon’s complaint and a third request for the response to the dishonored check complaint were made by letters dated June 7, 2017, sent to his home address. Also, on June 7, 2017, staff counsel to the Grievance Committee sent the respondent an email advising him of the Grievance Committee’s efforts to obtain the respondent’s answers to the pending complaints, and asking him to contact the Grievance Committee. No response was received from the respondent.A further request for the respondent’s response to the McMahon and dishonored check complaints was made by letter dated August 29, 2017, sent by regular and certified mail return receipt requested, to his home address. No response was received from the respondent.Uncontroverted Evidence_of Professional_MisconductPursuant to subpoena, on June 6, 2017, the Grievance Committee received records from TD Bank for the respondent’s IOLA account no. ending 3875 for the period October 1, 2015, through April 30, 2017. The bank statement and corresponding deposited items for January 2016 show, inter alia, that the $97,000 down payment check in the McMahon transaction was deposited into the respondent’s IOLA account on January 20, 2016. Further, as reflected on the respondent’s IOLA account bank statements, the McMahon down payment funds were depleted, as follows:DateIOLA account_Balance2/18/16 $96,514.684/22/16$27,449.436/24/16$ 8,000.688/04/16$ 1,000.684/26/17$ 200.68Additionally, the bank records reflect that the respondent depleted the McMahon down payment by cashing numerous checks made payable to himself, and through a cash withdrawal of $53,258 on March 2, 2016.Based on the foregoing, the motion is granted, the respondent is immediately suspended from the practice of law pursuant to 22 NYCRR 1240.9(a)(3) and (5), pending further order of this Court, and the respondent is notified pursuant to 22 NYCRR 1240.9(b) that in the event he hereafter fails to respond to or appear for further investigatory or disciplinary proceedings within six months of the date of this decision and order on motion, the Court may, without further notice, disbar him. Additionally, the Grievance Committee is directed, pursuant to 22 NYCRR 1240.8, to serve the respondent with a notice of petition and verified petition and file the original notice of petition and petition with the Court, together with proof of service, and serve copies of the notice of petition and petition upon the Special Referee appointed herein, and the matter is referred to the Special Referee, to hear and report.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.MATTER of Susan Williams, an attorney and counselor-at-law. (Attorney Registration No. 2280915) — Susan Williams has submitted an affidavit dated December 8, 2017, wherein she voluntarily resigns from the New York State Bar. Ms. Williams was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 19, 1989. There are no complaints or charges of professional misconduct pending against her. Ms. Williams presently resides in Connecticut, does not practice law in New York, and, under these circumstances, does not wish to pay the biennial registration fee.Upon the papers submitted in support of the resignation, it isORDERED that the voluntary resignation of Susan Williams is accepted and directed to be filed; and it is further,ORDERED that the name of Susan Williams is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,ORDERED that pursuant to Judiciary Law §90, effective immediately, Susan Williams is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,ORDERED that if Susan Williams has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.MATTER of Stewart Franklin Kleinman, an attorney and counselor-at-law. (Attorney Registration No. 1448034) — Stewart Franklin Kleinman has submitted an affidavit dated December 8, 2017, wherein he voluntarily resigns from the New York State Bar. Mr. Kleinman was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 14, 1966. There are no complaints or charges of professional misconduct pending against him. Mr. Kleinman presently resides in Connecticut, does not practice law in New York, and, under these circumstances, does not wish to pay the biennial registration fee.Upon the papers submitted in support of the resignation, it isORDERED that the voluntary resignation of Stewart Franklin Kleinman is accepted and directed to be filed; and it is further,ORDERED that the name of Stewart Franklin Kleinman is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,ORDERED that pursuant to Judiciary Law §90, effective immediately, Stewart Franklin Kleinman is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,ORDERED that if Stewart Franklin Kleinman has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.MATTER of Leonid Sorits, an attorney and counselor-at-law. (Attorney Registration No. 4278826) — Leonid Sorits has submitted an affidavit dated November 13, 2017, wherein he voluntarily resigns from the New York State Bar. Mr. Sorits was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 9, 2005. There are no complaints or charges of professional misconduct pending against him. Mr. Sorits presently resides in Florida, does not practice law in New York, and, under these circumstances, does not wish to pay the biennial registration fee.Upon the papers submitted in support of the resignation, it isORDERED that the voluntary resignation of Leonid Sorits is accepted and directed to be filed; and it is further,ORDERED that the name of Leonid Sorits is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,ORDERED that pursuant to Judiciary Law §90, effective immediately, Leonid Sorits is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,ORDERED that if Leonid Sorits has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.MATTER of Bruce Alexander Yungman, an attorney and counselor-at-law. (Attorney Registration No. 1336809) — Bruce Alexander Yungman has submitted an affidavit dated December 12, 2017, wherein he voluntarily resigns from the New York State Bar. Mr. Yungman was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 18, 1970. There are no complaints or charges of professional misconduct pending against him. Mr. Yungman presently resides in Kentucky, does not practice law in New York, and, under these circumstances, does not wish to pay the biennial registration fee.Upon the papers submitted in support of the resignation, it isORDERED that the voluntary resignation of Bruce Alexander Yungman is accepted and directed to be filed; and it is further,ORDERED that the name of Bruce Alexander Yungman is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,ORDERED that pursuant to Judiciary Law §90, effective immediately, Bruce Alexander Yungman is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,ORDERED that if Bruce Alexander Yungman has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.MATTER of Jessica Schaeffer-Helmecki, admitted as Jessica Star Schaeffer-Helmecki, an attorney and counselor-at-law. (Attorney Registration No. 5163332) — Jessica Schaeffer-Helmecki has submitted an affidavit dated November 8, 2017, wherein she voluntarily resigns from the New York State Bar. Ms. Schaeffer-Helmecki was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 11, 2013, under the name Jessica Star Schaeffer-Helmecki. There are no complaints or charges of professional misconduct pending against her. Ms. Schaeffer-Helmecki presently resides in Connecticut, does not practice law in New York, and, under these circumstances, does not wish to pay the biennial registration fee.Upon the papers submitted in support of the resignation, it isORDERED that the voluntary resignation of Jessica Star Schaeffer-Helmecki is accepted and directed to be filed; and it is further,ORDERED that the name of Jessica Star Schaeffer-Helmecki is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,ORDERED that pursuant to Judiciary Law §90, effective immediately, Jessica Star Schaeffer-Helmecki is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,ORDERED that if Jessica Star Schaeffer-Helmecki has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.MATTER of Sean Matthew Jordan, an attorney and counselor-at-law. (Attorney Registration No. 5231220) — Sean Matthew Jordan has submitted an affidavit dated January 2, 2018, wherein he voluntarily resigns from the New York State Bar. Mr. Jordan was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on August 20, 2014. There are no complaints or charges of professional misconduct pending against him. Mr. Jordan presently resides in Florida, does not practice law in New York, and, under these circumstances, does not wish to pay the biennial registration fee.Upon the papers submitted in support of the resignation, it isORDERED that the voluntary resignation of Sean Matthew Jordan is accepted and directed to be filed; and it is further,ORDERED that the name of Sean Matthew Jordan is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,ORDERED that pursuant to Judiciary Law §90, effective immediately, Sean Matthew Jordan is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,ORDERED that if Sean Matthew Jordan has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By of The State of New York, Second Judicial Department, Scheinkman, P.J.MATTER of Julie Wallace, admitted as Julie Rose Wallace, an attorney and counselor-at-law. (Attorney Registration No. 4570826) — Julie Wallace has submitted an affidavit dated January 7, 2018, wherein she voluntarily resigns from the New York State Bar. Ms. Wallace was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 7, 2008, under the name Julie Rose Wallace. There are no complaints or charges of professional misconduct pending against her. Ms. Wallace presently resides in New Jersey, does not practice law in New York, and, under these circumstances, does not wish to pay the biennial registration fee.Upon the papers submitted in support of the resignation, it isORDERED that the voluntary resignation of Julie Rose Wallace is accepted and directed to be filed; and it is further,ORDERED that the name of Julie Rose Wallace is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,ORDERED that pursuant to Judiciary Law §90, effective immediately, Julie Rose Wallace is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,ORDERED that if Julie Rose Wallace has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.MATTER of Alan Polsky, an attorney and counselor-at-law. (Attorney Registration No. 1432400) — Alan Polsky has submitted an affidavit dated January 9, 2018, wherein he voluntarily resigns from the New York State Bar. Mr. Polsky was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 11, 1979. There are no complaints or charges of professional misconduct pending against him. Mr. Polsky presently resides in Virginia, does not practice law in New York, and, under these circumstances, does not wish to pay the biennial registration fee.Upon the papers submitted in support of the resignation, it isORDERED that the voluntary resignation of Alan Polsky is accepted and directed to be filed; and it is further,ORDERED that the name of Alan Polsky is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,ORDERED that pursuant to Judiciary Law §90, effective immediately, Alan Polsky is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,ORDERED that if Alan Polsky has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By of The State of New York, Second Judicial Department, Scheinkman, P.J.MATTER of Tuyet-Hanh Victoria Tran, an attorney and counselor-at-law. (Attorney Registration No. 4889499) — Tuyet-Hanh Victoria Tran has submitted an affidavit dated December 29, 2017, wherein she voluntarily resigns from the New York State Bar. Ms. Tran was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 23, 2011. There are no complaints or charges of professional misconduct pending against her. Ms. Tran presently resides in Texas, does not practice law in New York, and, under these circumstances, does not wish to pay the biennial registration fee.Upon the papers submitted in support of the resignation, it isORDERED that the voluntary resignation of Tuyet-Hanh Victoria Tran is accepted and directed to be filed; and it is further,ORDERED that the name of Tuyet-Hanh Victoria Tran is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,ORDERED that pursuant to Judiciary Law §90, effective immediately, Tuyet-Hanh Victoria Tran is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,ORDERED that if Tuyet-Hanh Victoria Tran has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.MATTER of Michael J. Spratt, admitted as Michael John Spratt, an attorney and counselor-at-law. (Attorney Registration No. 4478475) — Michael J. Spratt has submitted an affidavit dated January 25, 2018, wherein he voluntarily resigns from the New York State Bar. Mr. Spratt was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 25, 2007, under the name Michael John Spratt. There are no complaints or charges of professional misconduct pending against him. Mr. Spratt presently resides in the District of Columbia, does not practice law in New York, and, under these circumstances, does not wish to pay the biennial registration fee.Upon the papers submitted in support of the resignation, it isORDERED that the voluntary resignation of Michael John Spratt is accepted and directed to be filed; and it is further,ORDERED that the name of Michael John Spratt is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,ORDERED that pursuant to Judiciary Law §90, effective immediately, Michael John Spratt is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,ORDERED that if Michael John Spratt has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.MATTER of Antonetta Stancu, an attorney and counselor-at-law. (Attorney Registration No. 4245718) — Antonetta Stancu has submitted an affidavit dated January 16, 2018, wherein she voluntarily resigns from the New York State Bar. Ms. Stancu was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 21, 2004. There are no complaints or charges of professional misconduct pending against her. Ms. Stancu presently resides in Pennsylvania, does not practice law in New York, and, under these circumstances, does not wish to pay the biennial registration fee.Upon the papers submitted in support of the resignation, it isORDERED that the voluntary resignation of Antonetta Stancu is accepted and directed to be filed; and it is further,ORDERED that the name of Antonetta Stancu is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,ORDERED that pursuant to Judiciary Law §90, effective immediately, Antonetta Stancu is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,ORDERED that if Antonetta Stancu has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.MATTER of Frederick T. Boehm, an attorney and counselor-at-law. (Attorney Registration No. 1953041) — Frederick T. Boehm has submitted an affidavit dated January 4, 2018, wherein he voluntarily resigns from the New York State Bar. Mr. Boehm was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 31, 1984. There are no complaints or charges of professional misconduct pending against him. Mr. Boehm presently resides in Florida, does not practice law in New York, and, under these circumstances, does not wish to pay the biennial registration fee.Upon the papers submitted in support of the resignation, it isORDERED that the voluntary resignation of Frederick T. Boehm is accepted and directed to be filed; and it is further,ORDERED that the name of Frederick T. Boehm is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,ORDERED that pursuant to Judiciary Law §90, effective immediately, Frederick T. Boehm is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,ORDERED that if Frederick T. Boehm has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.Raheem Miller appellants plf, v. Anthony Falco, etc., res — 2018-00304Raheem Miller appellants plaintiffs,v Anthony Falco, etc., respondent.(Index No. 609001/16) Motion by the appellants to consolidate appeals from a decision of the Supreme Court, Suffolk County, dated June 19, 2017, and a judgment of the same court dated September 28, 2017. Cross motion by the respondent to dismiss the appeal from the decision on the ground that the right of direct appeal therefrom terminated upon entry of the judgment or for failure to timely perfect. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the decision.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 application, and no papers having been filed in opposition or in relation thereto, it isORDERED that on the Court’s own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Co., 100 AD2d 509); and it is further,ORDERED that the motion, the cross motion and the application are denied as academic.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.Anthony Falco, etc., res, v. Raheem Miller, ap — 2018-00302Anthony Falco, etc., respondent,v Raheem Miller, appellant.(Index No. 606648/15) Motion by the appellant to consolidate appeals from a decision of the Supreme Court, Suffolk County, dated June 19, 2017, and a judgment of the same court dated September 28, 2017. Cross motion by the respondent to dismiss the appeal from the decision on the ground that the right of direct appeal therefrom terminated upon entry of the judgment or for failure to timely perfect. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the decision.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 application, and no papers having been filed in opposition or in relation thereto, it isORDERED that on the Court’s own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Co., 100 AD2d 509); and it is further,ORDERED that the motion, the cross motion and the application are denied as academic.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.MATTER of Home Depot, U.S.A., Inc., appellant-res, v. Town Board of the Town of Southeast res-ap, et al., res — Motion by Home Depot, U.S.A., Inc., inter alia, for leave to appeal, and cross motion by Independent Sewage Works, Inc., inter alia, for leave to cross appeal, from an order of the Supreme Court, Putnam County, dated December 1, 2017.Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion and cross motion are denied; and it is further,ORDERED that on the Court’s own motion, the appeal and cross appeals purportedly taken as of right are dismissed, without costs or disbursements.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.MATTER of George Makhoul, pet, v. New York State Department of Motor Vehicles, res — Motion by the petitioner for leave to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this Court by order of the Supreme Court, Richmond County, dated February 28, 2017, on the original papers or to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the petitioner’s appendix.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 proceeding on the original papers is denied as unnecessary as the appeal was perfected on the appendix method; and it is further,ORDERED that the branch of the motion which is to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the petitioner’s appendix is granted.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Mastro, J.P.; Sgroi, Duffy and Christopher, JJ.Yi Jin Tan, etc. ap, v. Gary Liang res, et al., def — Appeal from an order of the Supreme Court, Queens County, entered August 29, 2016. By order to show cause dated February 21, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal for failure to comply with a decision and order on motion of this Court dated November 15, 2017.Now, upon the order to show cause and no papers having been filed in response 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 decision and order on motion of this Court dated November 15, 2017.MASTRO, J.P., SGROI, DUFFY and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Cirilo Alcantara, ap, v. Jesucita Garcia, res — Appeal by Cirilo Alcantara from an order of the Family Court, Richmond County, dated August 9, 2017. Pursuant to §670.9(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[a][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until May 2, 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 Chambers, J.P.; Austin, Miller and Maltese, JJ.Andre Audige, ap, v. Rossrock Fund II, LLP res — 2016-03363Andre Audige, appellant, v. RossrockFund II, LLP respondents.(Index No. 7962/15) Motion by Andre Audige to recall and vacate a decision and order on motion of this Court dated January 5, 2016, which denied his motion, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated November 10, 2015, and dismissed the appeal, to recall and vacate so much of a decision and order on motion of this Court dated July 5, 2017, entitled “MATTER of Dismissal of Causes for Failure to Perfect,” as dismissed an appeal from an order of the Supreme Court, Kings County, dated February 23, 2016, and to reinstate the appeals.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.MATTER of Douglas G. Heintzman, ap, v. Jennifer C. Heintzman, res — Appeal by Douglas G. Heintzman from an order of the Family Court, Westchester County, dated August 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 May 21, 2018.MATTER of Leslie T. (Anonymous), Jr. Suffolk County Department of Social Services, petitioner-res, Naomi S. (Anonymous), res, Unkechaug Indian Nation, nonparty- appellant; Leslie T. (Anonymous), Sr., nonparty- res — (Proceeding No. 1)MATTER of Kylen K. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Naomi S. (Anonymous), res, Unkechaug Indian Nation, nonparty- appellant; Leslie T. (Anonymous), Sr., nonparty- res — (Proceeding No. 2) — Appeal by Unkechaug Indian Nation from an order of the Family Court, Suffolk County, dated September 21, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on February 16, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this order, the brief for the attorney for the child in the above-entitled appeal shall be served and filed.MATTER of Angela M. Manfrede, res, v. Aaron A. Harris, ap — Appeal by Aaron A. Harris from an order of the Family Court, Nassau County, dated November 29, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on March 30, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this order, the brief for the respondent in the above-entitled appeal shall be served and filed.By Leventhal, J.P.; Chambers, Hinds-Radix and Connolly, JJ.MATTER of New Creek Bluebelt, Phase 3. Baycrest Manor, Inc., res, City of New York, ap — Motion by the respondent for leave to reargue an appeal from a fifth separate and partial final decree of the Supreme Court, Richmond County, dated January 29, 2015, which was determined by opinion and order of this Court dated November 15, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and order of this Court. Cross motion by the appellant 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, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion and the cross motion are denied.LEVENTHAL, J.P., CHAMBERS, HINDS-RADIX and CONNOLLY, JJ., concur.MATTER of Kwaku Quartey, petitioner- ap, v. Latanya Genise Van Buren, res, Kamiya-Lynn Q. (Anonymous), nonparty-ap — (Proceeding No. 1)MATTER of Latanya Genise Van Buren, res, v. Kwaku Quartey, respondent- appellant; Kamiya-Lynn Q. (Anonymous), nonparty-ap — (Proceeding No. 2) — Appeal by Kwaku Quartey, and separate appeal by Kamiya-Lynn Q., from an order of the Family Court, Kings County, dated September 8, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant Kwaku Quartey’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 May 11, 2018.MATTER of Majesty M. (Anonymous). Orange County Department of Social Services, petitioner-res, Brandy P. (Anonymous), respondent-appellant res — Appeals by Brandy P. from two orders of the Family Court, Orange County, dated April 24, 2017, and July 10, 2017, respectively.ORDERED that the time for the appellant to serve and file a brief on the appeals is enlarged, and the brief submitted to the Clerk of this Court is accepted for filing and deemed timely served.By Balkin, J.P.; Leventhal, Hinds-Radix and Christopher, JJ.Deutsche Bank National Trust Company, res, v. Ana Benitez ap, et al., def — Motion by the appellants to stay the foreclosure sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, entered October 28, 2016, and May 3, 2017, respectively.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 foreclosure sale of the subject premises, located at 53 Angevine Avenue, Hempstead, New York 11550, is stayed pending hearing and determination of the appeals.BALKIN, J.P., LEVENTHAL, HINDS-RADIX and CHRISTOPHER, JJ., concur.William Roberts res-ap, v. Eklecco Newco, LLC, et al, appellants-res, HVAC Contractors, Inc. res — Application by the appellants-respondents Eklecco Newco, LLC, Dave & Busters, Inc., and Dave & Busters of New York, Inc., on an appeal and a cross appeal from an order of the Supreme Court, Orange County, dated November 1, 2017, to withdraw the appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal by the appellants-respondents Eklecco Newco, LLC, Dave & Busters, Inc., and Dave & Busters of New York, Inc., is marked withdrawn.GEICO General Insurance Company, etc., et al., res, v. Just Four Wheels, Inc., def, Rafael Beityaaghoob, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 10, 2018.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.John Michael Cindrich, ap, v. Robert Frankel res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 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.Donje Jones, res-ap, v. City of York appellants-res, et al., def — Application by the appellants-respondents on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated December 14, 2017, to withdraw the appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appellants-respondents’ appeal is marked withdrawn.MATTER of Barbara F. (Anonymous), ap — Mark J. Russ, etc., res — Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated January 26, 2018.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.Crystal Duff, res, v. Gregorio Aranivo, def, Motor Vehicle Accident Indemnification Corp., ap — Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 14, 2016.Upon the stipulation of the attorneys for the respective parties dated March 29, 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.PEOPLE, etc., res, v. Jasmine Thomas, ap — Appeal from a judgment of the Supreme Court, Kings County, rendered January 5, 2017.Upon the stipulation of the appellant and the attorneys for the respective parties dated March 28, 2018, it isORDERED that the appeal is marked withdrawn.John Shaia, ap, v. Saw Mill Capital, LLC res — Application by the appellant to withdraw appeals from an order of the Supreme Court, Westchester County, dated March 23, 2015, and a decision of that same court dated August 25, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeals are marked withdrawn.Eastfield Glass Co., Inc., res, Avanti Systems USA, Inc., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 30, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Balkin, J.P.; Leventhal, Hinds-Radix and Christopher, JJ.MATTER of Robert Gerner, ap, v. Lindsay Stalvey, res — Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated March 1, 2018, pending hearing and determination of an appeal therefrom.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.BALKIN, J.P., LEVENTHAL, HINDS-RADIX and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Annette E. Bierfriend, res, v. Gary A. Bierfriend, ap — Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 5, 2016.Upon the stipulation of the attorneys for the respective parties to the appeal dated March 30, 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.PEOPLE, etc., res, v. Hector Gonzalez, ap — Appeal from a judgment of the Supreme Court, Kings County, rendered May 17, 2017.Upon the stipulation of the appellant and the attorneys for the respective parties to the appeal dated March 26, 2018, it isORDERED that the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Estate of Geraldine Anderson, deceased. Stephen Christie, petitioner-appellant; Gregory Anderson, objectant-res — Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 11, 2016.Upon the stipulation of the attorneys for the respective parties to the appeal dated March 27, 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.Kamla Jeenarain, plf, v. Stephanie Seibert, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 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 and the appeal is marked withdrawn.Carol-Ann Pinto, etc. appellants- res, v. James Sayegh res, James Joseph, res-res — Application by the appellants-respondents on an appeal and a cross appeal from an order of the Supreme Court, Westchester County, dated February 5, 2018, to withdraw the appeal. .Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Hye-Kyeong Haebich, appellant-res, v. Ralph Haebich, res-res — Application by the appellant-respondent on an appeal and cross appeal from an amended order of the Supreme Court, Nassau County, dated October 13, 2017, to withdraw the appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.MATTER of Robert Gerner, ap, v. Lindsay Stalvey, res — Appeal by Robert Gerner from an order of the Supreme Court, Suffolk County, dated March 1, 2018. 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 appellant of the transcripts of the minutes of the proceedings in the Supreme Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Supreme Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.Bank of New York Mellon, etc., res, v. Horace Lindsay, appellant def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 8, 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.Moshe Simpson appellants-res, v. 1147 Dean, LLC respondents-ap — Application by the appellants-respondents for leave to withdraw appeals from two orders of the Supreme Court, Kings County, dated December 23, 2016, and June 30, 2017, respectively.Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeals by the appellants-respondents are deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Alvaro H. B. v. (Anonymous), nonparty-ap — Maria D. C. v. (Anonymous), pet-ap — Applications by the nonparty-appellant and petitioner-appellant to withdraw appeals from an order of the Family Court, Suffolk County, dated October 2, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the applications are granted and the appeals are marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Wells Fargo Bank N.A., plf, v. Patricia C. Trail, appellant defendant; Wilmington Savings Fund Society, nonparty-res — Appeal from an order of the Supreme Court, Rockland County, dated June 13, 2017.On the Court’s own motion, it isORDERED that the appellant’s time to perfect the appeal is enlarged until June 5, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.BNH Milf, LLC, res, v. Milford St. Properties, LLC ap, et al., def — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated April 26, 2017, and May 9, 2017, respectively.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the appellants’ time to perfect the appeals is enlarged, and the record on the appeals and the appellants’ brief submitted to the Clerk of the Court are accepted for filing and deemed timely served.
