MATTER of Williemae Frye, appellant-res, v. Ryan Lowery, respondent-appellant res — Appeal by Williemae Frye, and cross appeal by Ryan Lowery, from an order of the Family Court, Dutchess County, dated March 12, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that Williemae Frye shall perfect the appeal in the above-entitled proceeding within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family Court, and 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 , Williemae Frye 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 and cross appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) if she is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from Williemae Frye, stating either that she qualified for assigned counsel upon application to the Family Court and that her financial status has not changed since that time, or that she had retained counsel or appeared pro se in the Family Court, and listing her assets and income; or(5) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal and cross appeal to show cause why the appeal should or should not be dismissed.By Chambers, J.P.; Austin, Miller and Maltese, JJ.Buttaffuoco & Associates, PLLC res, v. Delfina Urias, etc. ap — 2015-08795Delfina Urias, etc., appellant,v Daniel P. Buttafuoco & Associates, PLLC,et al., respondents.(Index No. 7186/11) Delfina Urias, etc., appellant,v Daniel P. Buttafuoco & Associates, PLLC,et al., respondents.(Index No. 7186/11) Delfina Urias, etc., plaintiff,v Daniel P. Buttafuoco & Associates, PLLC,et al., defendants.(Index No. 7186/11) Motion by Delfina Urias and Marta Urias to recall and vacate so much of a decision and order on motion of this Court, entitled “MATTER of the Dismissal of Causes for Failure to Perfect,” dated July 5, 2017, as dismissed appeals from an order of the Supreme Court, Nassau County, dated June 10, 2015, and an order of the Supreme Court, Suffolk County, dated June 24, 2015, to reinstate those appeals, to enlarge the time to perfect the appeals, to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated August 21, 2017, for leave to appeal to this Court from the order dated June 24, 2015, as well as an order of the Supreme Court, Suffolk County, dated September 15, 2016, to stay enforcement of a certain notice to prosecute pursuant to CPLR 3216 as well as all proceedings in the above-entitled action pending hearing and determination of the appeals, for a preference in the calendaring of the appeals, to consolidate the appeals, and for an award of costs.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated August 21, 2017, is granted, and the time to perfect that appeal is enlarged until May 29, 2018; and it is further,ORDERED that the branch of the motion which is for leave to appeal to this Court from the order dated September 15, 2016, is denied as to those portions of the order which denied reargument and by which Delfina Urias is not aggrieved, and is otherwise denied as unnecessary (see CPLR 5701), without prejudice to filing a timely notice of appeal from those portions of the order which are appealable as of right (see CPLR 5513, 5514); and it is further,ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal from the order dated August 21, 2017, is granted; and it is further,ORDERED that the motion is otherwise denied.CHAMBERS, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.MATTER of Williemae Frye, appellant-res, v. Ryan Lowery, respondent-appellant res — Appeal by Williemae Frye, and cross appeal by Ryan Lowery, from an order of the Family Court, Dutchess County, dated March 12, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that Ryan Lowery shall perfect the appeal in the above-entitled proceeding within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family Court, and 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 , Ryan Lowery 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 and cross 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 cross 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 and cross appeal to show cause why the cross appeal should or should not be dismissed.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.443 Jefferson Holdings, LLC, ap, v. Thelma Sosa, res — Motion by the respondent, in effect, to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 22, 2017, and to deem the respondent’s brief filed under Appellate Division Docket No. 2017-06376 on January 23, 2018, to be filed under Appellate Division Docket No. 2017-03187.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted, the respondent’s brief filed under Appellate Division Docket No. 2017-06376 on January 23, 2018, is deemed to be filed under Appellate Division Docket No. 2017-03187; and it is further,ORDERED that on the Court’s own motion, the appellant’s time to serve and file a reply brief is enlarged until April 23, 2018, and the reply brief shall be served and filed on or before that date.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Julie Sue Berg, res, v. Michael Alan Berg, ap — Appeal by Michael Alan Berg from an order of the Family Court, Nassau County, dated November 1, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until May 7, 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.PEOPLE, etc., res, v. Vijay Khemraj, ap — (S.C.I. No. 07-01458) — Motion by the respondent to dismiss, for failure to prosecute, an appeal from a judgment of the County Court, Westchester County, rendered March 12, 2008, which was deemed abandoned pursuant to 22 NYCRR 670.8(f).Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeal is dismissed.CHAMBERS, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.U.S. Bank National Association, etc., res, v. Michelle Sartini defendants; Hampton Dream Properties, LLC, nonparty-ap — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated March 9, 2017, 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]).LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.MATTER of Amanda Feliciano, res, v. Orlando Cooper, ap — Appeal by Orlando Cooper from an order of the Family Court, Kings County, dated January 8, 2018. By decision and order on certification of this Court dated February 23, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Ronna Gordon-Galchus61-43 186th StreetFresh Meadows, NY 11365781-229-2628By letter dated April 1, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcripts has not been received, an affidavit or affirmation stating that the order on certification of this Court dated February 23, 2018, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.Wells Fargo Bank, N.A.,etc., res, v. Sheryl Peck appellants def — Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered December 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]).LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.MATTER of Aliyah P. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-res, William L. (Anonymous), res-res — Appeal by William L. from an order of the Family Court, Dutchess County, dated August 18, 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 child to serve and file a brief on the appeal is enlarged until May 7, 2018.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Jennifer Regan, ap — Motion by the appellant’s assigned counsel, in effect, to be relieved on an appeal from a judgment of the Supreme Court, Richmond County, rendered October 8, 2015, on the ground that the appellant has absconded and is no longer available to comply with the mandate of this Court.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that on the Court’s own motion, the appellant is directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant has absconded and is no longer available to comply with the mandate of this Court, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before May 7, 2018; and it is further,ORDERED that assigned counsel’s motion is held in abeyance in the interim; 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 appellant at her last known place of residence or, if she is imprisoned, at the institution in which she is confined, and upon the attorney who last appeared for her, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.U.S. Bank National Association, etc., res, v. Carlos Ossa, appellant def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated February 17, 2017, 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]).LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.U.S. Bank National Association, etc., res, v. Jose Penate def, Paula Cuellar-Penate, ap — 2018-00188U.S. Bank National Association, etc., respondent,v Jose Penate defendants, PaulaCuellar-Penate, appellant.(Index No. 8945/15) Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Nassau County, entered September 5, 2017, and September 7, 2017, respectively.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 as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.MATTER of Mario Montanez, ap, v. Dara Tompkinson, res — Appeal by Mario Montanez from an order of the Family Court, Kings County, dated February 26, 2018. By decision and order on certification of this Court dated March 21, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Mark W. Brandys225 Broadway, Suite 1800New York, NY 10007646-266-2493By letter dated April 2, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcripts has not been received, an affidavit or affirmation stating that the order on certification of this Court dated March 21, 2018, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.By Balkin, J.P.; Leventhal, Hinds-Radix and Christopher, JJ.MATTER of Ellen A. Young, res, v. Bryce J. Young, ap — Motion by the appellant, inter alia, in effect, to stay enforcement of so much of an order of the Family Court, Westchester County, dated March 1, 2017, as directed him to pay counsel fees in the sum of $10,556.88, pending hearing and determination of an appeal from the order.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 Balkin, J.P.; Leventhal, Hinds-Radix and Christopher, JJ.MATTER of 124 Meserole, LLC, pet, v. Zofia Recko res — (Appellate Term Docket No. 2015-2128KC; Civil Court Index No. 96170/13) — Motion by 124 Meserole, LLC, for leave to appeal to this Court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated May 19, 2017, which determined an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered June 19, 2015.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 Balkin, J.P.; Leventhal, Hinds-Radix and Christopher, JJ.MATTER of Courtney Alexander Turner, pet, v. Esperanza Valdespino, res — Motion by Courtney Alexander Turner for leave to appeal to this Court from an order of the Family Court, Suffolk County, dated January 23, 2018, for poor person relief, and to stay enforcement of the order, pending hearing and determination of the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,ORDERED that the motion is otherwise denied as academic.BALKIN, J.P., LEVENTHAL, HINDS-RADIX and CHRISTOPHER, JJ., concur.MATTER of Marcus A. Dennis, res, v. Chriscynthia McDonald, ap — Appeal by Chriscynthia McDonald from an order of the Family Court, Nassau County, dated December 29, 2017. By order on certification of this Court dated March 28, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Jan Murphy6 Fenimore LaneHuntington, NY 11743631-266-90041By letter dated April 2, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated March 28, 2018, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Zana C. (Anonymous). Administration for Childrens Services, petitioner-res, Dana F. (Anonymous), res-res — Appeal by Dana F. from an order of the Family Court, Kings County, dated January 2, 2018. By order on certification of this Court dated March 9, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Daniel E. Lubetsky155-03 Jamaica AvenueJamaica, NY 11432-3829718-264-8156By letter dated March 23, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated March 9, 2018, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.By Scheinkman, P.J.; Rivera, Dillon, Balkin, and Chambers, JJ.MATTER of Jean Jumeau Estime, ap, v. Marie Suze Civil, res — Appeal by Jean Jumeau Estime from an order of the Family Court, Queens County, dated February 28, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Heath J. Goldstein, dated April 2, 2018, it isORDERED that the appellant is granted leave to proceed as a poor person on the appeal and the following named attorney is assigned as counsel to prosecute the appeal:Heath J. Goldstein90-50 Parsons Blvd., Suite 216Jamaica, NY 11432646-436-1052ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that 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, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this order; 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 stating 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 this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.SCHEINKMAN, P.J., RIVERA, DILLON, BALKIN and CHAMBERS, JJ., concur.By Scheinkman, P.J.; Rivera, Dillon, Balkin, and Chambers, JJ.MATTER of Floyd J. B. (Anonymous) IV, etc. Little Flower Children and Family Services of New York, petitioner-res, Floyd B. (Anonymous), etc., res-res — Appeal by Floyd B. from an order of the Family Court, Queens County, dated January 23, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Christian P. Myrill, dated March 26, 2018, it isORDERED that the appellant is granted leave to proceed as a poor person on the appeal and the following named attorney is assigned as counsel to prosecute the appeal:Christian P. Myrill155-01 Jamaica Ave., Ste 201Jamaica, NY 11432-3826347-870-1803ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that 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, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this order; 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 stating 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 this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.SCHEINKMAN, P.J., RIVERA, DILLON, BALKIN and CHAMBERS, JJ., concur.MATTER of Samira Mrsic, appellant- res, v. Kwak Yen Kwan, respondent- ap — V-27961/09, V-27962/09) — Appeal by Samira Mrsic, and cross appeal by Kwak Yen Kwan, from an order of the Family Court, Kings County, dated December 9, 2016. The appellant-respondent’s brief was filed in the office of the Clerk of this Court on December 22, 2017, and the respondent-appellant’s brief was filed on April 2, 2018, respectively. 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 reply brief of the appellant-respondent and the brief of the attorney for the children in the above-entitled appeal and cross appeal shall be served and filed.U.S. Bank, National Association, etc., ap, v. Loraine R. Degraff, defendant- respondent defendants; Pierre Defraff, etc., nonparty-res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens 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 and the appeal is marked withdrawn.Claude Hortsmann, etc. ap, Clair Caspe res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated October 6, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Digital Federal Credit Union, res, Ramana Chitti, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 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.Wendy Fiscina, ap, v. Peter Fiscina, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 23, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.C-L-C, Jr., etc., res, v. Westchester Medical Center, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 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.Thomas Reilly, res, v. Cheryl Lynn Hager-Reilly, ap — Appeals by Cheryl Lynn Hager-Reilly from a judgment of the Supreme Court, Suffolk County, entered September 1, 2017, and an order of the same court dated August 24, 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 appeals is enlarged until May 14, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Courtney Morris, ap, v. Geneva Taxi, Inc. res — Appeal from an order of the Supreme Court, Kings County, entered December 5, 2016.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.By Balkin, J.P.; Leventhal, Hinds-Radix and Christopher, JJ.Michael Russo, etc. appellants-res, v. Time Moving and Storage, Inc. res — Motion by the respondent-appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated June 27, 2017, and to stay certain arbitration proceedings between the parties, pending hearing and determination of an appeal and a cross appeal from the order.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 Balkin, J.P.; Leventhal, Hinds-Radix and Christopher, JJ.Wells Fargo Bank, NA, res, v. Vivienne Pinnock, appellant def — Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Suffolk County, dated January 3, 2018, to stay the sale of the subject premises, and to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from the judgment.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 Balkin, J.P.; Leventhal, Hinds-Radix and Christopher, JJ.Victor Norwood, ap, v. Simon Property Group, Inc. respondents def — Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered September 28, 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 denied.BALKIN, J.P., LEVENTHAL, HINDS-RADIX and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Leventhal, Hinds-Radix and Christopher, JJ.MATTER of 3965 Amboy Road, Inc., ap, v. Robert Limandri, etc. res — Motion by the appellant to stay a certain building violation hearing, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated November 22, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.BALKIN, J.P., LEVENTHAL, HINDS-RADIX and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Leventhal, Cohen and Christopher, JJ.Yoel Klein ap, v. Signature Bank, Inc. respondents (and a third-party action). — Motion by the appellants, inter alia, to stay the respondent Signature Bank, Inc., from transferring certain money pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 28, 2018.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, COHEN and CHRISTOPHER, JJ., concur.By of The State of New York, Second Judicial Department, Balkin, J.P.; Leventhal, Hinds-Radix and Christopher, JJ.PEOPLE, etc., res, v. Luis Santana, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered August 5, 2016, 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:Seymour W. James, Jr.The Legal Aid Society199 Water Street – 5th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.BALKIN, J.P., LEVENTHAL, HINDS-RADIX and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Leventhal, Hinds-Radix and Christopher, JJ.PEOPLE, etc., res, v. Christian Arce, ap — Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the Supreme Court, Orange County, rendered February 23, 2017, and for the assignment of new counsel. Separate motion by the appellant pro se to relieve assigned counsel and for the assignment of new counsel. The appellant’s motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on November 16, 2017, and the following named attorney was assigned as counsel to prosecute the appeal:Richard N. Lentino138 W. Main StreetMiddletown, NY 10940Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it isORDERED that the motions are granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Warren S. Hecht118-21 Queens Blvd.Forest Hills, NY 11375and 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 defendant’s sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report, and to provide additional copies to this Court upon demand; and 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 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.BALKIN, J.P., LEVENTHAL, HINDS-RADIX and CHRISTOPHER, JJ., concur.MATTER of Oliver A. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant-res, Oguis A.-D. (Anonymous), respondent- res-res — (Proceeding No. 1)MATTER of Walgely A. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant-res, Oguis A.-D. (Anonymous), respondent- res-res — (Proceeding No. 2) — Appeal by Suffolk County Department of Social Services, and cross appeal by Oguis A.-D., from an order of the Family Court, Suffolk County, dated October 13, 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 Suffolk County Department of Social Services’ 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-respondent’s brief on the appeal is enlarged until May 10, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of JaNiyah M. (Anonymous). Administration for Children’s Services, petitioner- appellant; Justina R. (Anonymous), respondent- ap — Appeal by Administration for Children’s Services from an order of the Family Court, Kings County, dated March 8, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Francine J. Silverstein, dated April 3, 2018, it isORDERED that pursuant to Family Court Act §1120, the following named attorney is assigned as the attorney for the child on the appeal:Mark DiamondP.O. Box 287356Yorkville StationNew York, NY 10128917-660-8758and it is further,ORDERED that Francine J. Silverstein, is directed to turn over all papers in the proceeding to the new attorney for the child herein assigned.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.Danzig Fishman & Decea, res, v. Michael Hersh, ap — Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 28, 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 to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 21, 2018, and the motion is otherwise denied; and it is further,ORDERED that in the event the appeal is not perfected on or before May 21, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.Marc Edrice Joseph plf-res, v. Maryjane Kelly def-res, J. Martinez, etc. ap — Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 5, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.Kimberly Pluschau, res, v. Gary Pluschau, ap — Motion by the appellant to stay enforcement of certain visitation provisions of a judgment of the Supreme Court, Suffolk County, entered July 3, 2017, and to direct that he have visitation in accordance with a certain order dated September 24, 2014, pending hearing and determination of an appeal from the judgment.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., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.MATTER of Tyra Neptune, pet, v. Jamal Williams, res — Motion by Tyra Neptune for leave to appeal to this Court from two orders of the Family Court, Kings County, both dated January 26, 2018, and, inter alia, to stay enforcement of the orders, pending hearing and determination of the appeals.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,ORDERED that the motion is otherwise denied as academic.DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.Wilmington Savings Fund Society FSB, res, v. Xue Dong Qin, etc., ap, et al., def — Motion by Ada Zhang to stay the sale of the subject premises, pending hearing and determination of an appeal from a judgment of the Supreme Court, Queens County, entered February 8, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is dismissed as Ada Zhang lacks the authority to make the motion (see Whitehead v. Town House Equities, 8 AD3d 369).DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Miller, Hinds-Radix and Connolly, JJ.Nelson Poalacin, ap, v. Mall Properties, Inc., et al., defendants second/third third-party plaintiffs- res, Weather Champions, Ltd., defendant third-party plaintiff-res, APCO Insulation Co., Inc. third-party/third third-party defendant-respondent second third-party def — (Appeal No. 1) Nelson Poalacin, appellant-res, v. Mall Properties, Inc. defendants second/third third-party plaintiffs-res-ap, Weather Champions, Ltd., defendant third-party plaintiff-respondent-appellant; APCO Insulation Co., Inc., third-party/third third-party defendant- respondent-appellant; Harleysville Insurance, second third-party defendant-res-res — (Appeal No. 2) Nelson Poalacin, ap, v. Mall Properties, Inc., et al., def, Weather Champions, Ltd., respondent (and third-party actions). (Appeal No. 3) — Motion by Mall Properties, Inc., KMO-361 Realty Associates, LLC, the Gap, Inc., and James Hunt Construction for leave to reargue stated portions of appeals and cross appeals from three orders of the Supreme Court, Queens County, dated October 1, 2014, January 23, 2015, and August 5, 2015, respectively, which were determined by decision and order of this Court dated November 15, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Separate motion by Weather Champions, Ltd., for leave to reargue the appeals and cross appeals.Upon the papers filed in support of the motions and the papers filed in opposition thereto, it isORDERED that the motions are denied.DILLON, J.P., MILLER, HINDS-RADIX and CONNOLLY, JJ., concur.Raymond Pier, res, v. MHC Rondout Valley Resort, LLC ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated November 7, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Jenna Gross res, v. UDR 10 Hanover, LLC, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 29, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.John Farrelly, ap, v. Mary Farrelly, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 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.Aileen Rankin, plf-res, v. Richard Kern defendants third- party plf-res, ADK Mechanical, Inc. def-res, Alan H. Kirk, Inc. ap, A.M. Sutton Associates, Inc. defendants fourth-party plaintiffs-res, Elegant Stair & Rails, third-party defendant-res, Callahan Brothers Floors, Inc., fourth-party defendant- res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 12, 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 Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Juan Sumba Duchi, ap — Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered May 23, 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:Adam Seiden9 West Prospect Avenue, Suite 403Mount Vernon, New York 10550and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Triquawn Brown, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 11, 2016, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Kayvon Gonzales, ap — Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, dated December 5, 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:Richard M. Langone600 Old Country Road, Suite 328Garden City, New York 11530and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.MATTER of Richard Lopez, petitioner- ap, v. Griceley Reyes, respondent- res, Emily L. (Anonymous) nonparty-ap — Motion by the petitioner-appellant pro se on appeals from an order of the Family Court, Orange County, dated November 29, 2017, for poor person relief and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it isORDERED that the motion is denied, with leave to renew on or before May 7, 2018, upon proper papers, including the petitioner-appellant’s affidavit setting forth the petitioner-appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), on or before May 7, 2018, the petitioner-appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeals; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) if the petitioner-appellant is indigent and cannot afford to obtain the minutes or perfect his appeal, a motion in this Court for poor person relief and for the assignment of counsel, as set forth above; or(5) an affidavit or an affirmation withdrawing his appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5), above, has been taken on or before on or before May 7, 2018, the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeal by the petitioner-appellant should or should not be dismissed.DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Miguel Galvan, ap — Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered August 31, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth (1) the appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel in the trial court, and (3) whether the appellant was on bail before conviction, and, if so, the amount and source of the bail money, and if bail was the appellant’s own money, what happened to the same after conviction.DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.Frances Melia res, v. City of New York, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 31, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Frances Melia, res, v. City of New York, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 10, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.People ex rel. Malvin Paige, res, v. Superintendent, Fishkill Correctional Facility ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated August 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.; Roman, Sgroi and Maltese, JJ.Minico Insurance Agency, LLC, etc., ap, v. B&M Cleanup Services, def, Boris Aminov, etc., res — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, entered March 13, 2017, and to recalendar oral argument 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.SCHEINKMAN, P.J., ROMAN, SGROI and MALTESE, JJ., concur.M248400MATTER of Steven Pecoraro, appellant, v. Frances Ferraro, respondent. Appeal by Steven Pecoraro from an order of the Family Court, Westchester County, dated December 4, 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. The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
