Portofino Realty Corp. ap, v. New York State Division of Housing and Community Renewal res — Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the respondents’ time to serve and file their respective briefs on appeals from an order of the Supreme Court, Kings County, dated May 31, 2017, and, in effect, to enlarge the appellants’ time to serve and file their respective reply briefs.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 it is further,ORDERED that the respondents’ time to serve and file their respective briefs is enlarged until May 1, 2018, and the respondents’ briefs shall be served and filed on or before that date; and it is further,ORDERED that the appellants’ time to serve and file their respective reply briefs is enlarged until May 21, 2018, and the reply briefs shall be served and filed on or before that date.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Monique Nikole Sellers, ap, v. Derek Jobete Gardner, res — Appeal by Monique Nikole Sellers from an order of the Family Court, Kings County, dated May 19, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until April 20, 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 Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Annetta Korszun, res, v. Matthew Kwas, ap — Appeal by Matthew Kwas from an order of the Family Court, Nassau County, dated May 2, 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 9, 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 Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Victoria B. (Anonymous). Westchester County Department of Social Services, petitioner-res, Jonathan M. (Anonymous), res-ap, et al., res — Appeal by Jonathan M. from an order of the Family Court, Westchester County, dated August 30, 2017.ORDERED that the time for the appellant to serve and file a brief on the appeal is enlarged, and the brief submitted to the Clerk of this Court is accepted for filing and deemed timely served.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Paul Patscot, Jr., ap, v. Anna Fisco, res — Appeal by Paul Patscot, Jr., from an order of the Family Court, Suffolk County, dated August 21, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until May 9, 2018.MATTER of Rachel Monroe, res, v. Christopher Monroe, ap — Appeal by Christopher Monroe from an order of the Family Court, Westchester County, dated August 10, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until May 1, 2018.MATTER of Destinee L. M. L. (Anonymous). Heartshare St. Vincents Services, petitioner- res, Marlene O. (Anonymous), res-res — (Proceeding No. 1)MATTER of Ezekiel J. L. (Anonymous). Heartshare St. Vincents Services, petitioner- res, Marlene O. (Anonymous), res-res — (Proceeding No. 2)MATTER of Jessiah L. (Anonymous). Heartshare St. Vincents Services, petitioner- res, Marlene O. (Anonymous), res-res — (Proceeding No. 3)MATTER of Angel J. L. (Anonymous). Heartshare St. Vincents Services, petitioner- res, Marlene O. (Anonymous), res-res — (Proceeding No. 4) B-250-16) — Appeal by Marlene O. from an order of the Family Court, Richmond County, dated December 2, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the child Jessiah L. to serve and file a brief on the appeal is enlarged until May 7, 2018.MATTER of Janemarie T. Davis, res, v. Lamar D. Nicks, ap — Appeal by Lamar D. Nicks from an order of the Family Court, Orange County, dated November 3, 2017. By dated February 23, 2018, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the :(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there were such minutes, an affidavit or affirmation stating that the transcript was received, and indicating the date that it was received; or(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof, and the date by which the transcript was expected; or(4) an affidavit or an affirmation withdrawing the appeal.The appellant has failed to comply with the . Pursuant to §670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]), it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the dated February 23, 2018, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before May 1, 2018; and it is further,ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.TDS Leasing, LLC, etc. ap, v. Emanuel Tradito res — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Westchester County, dated October 18, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that on the Court’s own motion, the appeal 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 application is denied as academic.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Claude Hortsmann, etc. respondents- ap, v. Claire Caspe appellants- res, Francoise Kelfa, res — Application by the appellants-respondents on an appeal and a cross appeal from an order of the Supreme Court, Orange County, dated November 27, 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.Maria Gonzalez res, v. Yevgeniya Margulis, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 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.MATTER of Jasiah T.-V. S. J. (Anonymous). Heart Share Human Services of New York, Roman Catholic Diocese of Brooklyn, petitioner- appellant-res, Joshua W. (Anonymous), res-res, Shatesse J. (Anonymous), respondent-respondent-appellant; Taffee W. (Anonymous), et al., nonparty-res — Motion by Taffee W. for leave to serve and file a supplemental brief on an appeal and cross appeal from an order of the Family Court, Kings County, dated June 5, 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 Taffee W. may serve and file a replacement brief on or before April 30, 2018, and the motion is otherwise denied; it is further,ORDERED that on the Court’s own motion, the petitioner-appellant-respondent’s time to serve and file a reply brief is enlarged until May 15, 2018, and the reply brief shall be served and filed on or before that date.DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Elaine Matofey, res, v. Gregory Matofey, ap — Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 23, 2015.Upon the stipulation of the attorneys for the respective parties to the appeal dated April 3, 2018, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.MATTER of Francine Tarpey, res, v. James A. Tarpey, ap — Motion by the respondent to dismiss an appeal from an order of the Family Court, Suffolk County, dated June 26, 2017, inter alia, on the ground that the appeal has been rendered academic or to hold the appeal in abeyance pending determination of the motion. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,ORDERED that the motion is otherwise denied; and it is further,ORDERED that the application is granted, the appellant’s time to serve and file a reply brief is enlarged until April 20, 2018, and the reply brief shall be served and filed on or before that date.DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.MATTER of Elizabeth Lopez, ap, v. Jaris Divios Sweet respondents- respondents res — Motion by the attorney for the children to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Kings County, dated March 8, 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, the time for the attorney for the children to serve and file a brief on the appeal is enlarged until May 25, 2018, and the brief for the attorney for the children shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.MATTER of Emanuel Ferreira, ap, v. Goddess Santiago, res — Appeal by Emanuel Ferreira from an order of the Family Court, Rockland County, dated November 3, 2017. By order to show cause dated February 28, 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 in the above-entitled proceeding for failure to comply with a dated January 18, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal is denied; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing a brief on the appeal is enlarged until June 11, 2018.DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.MATTER of Amaarie L. M. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Kelly R. (Anonymous), respondent-appellant res — Appeals by Kelly R. from three orders of the Family Court, Suffolk County, two dated June 16, 2017, and one dated June 20, 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 petitioner-respondent to serve and file a brief on the appeals is enlarged until May 9, 2018.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.MATTER of Alexandra M. Stebelsky, ap, v. Randy B. Schleger, res — F-12936-04/14AS) — Appeal by Alexandra M. Stebelsky from an order of the Family Court, Nassau County, dated July 28, 2017. By order to show cause dated February 23, 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 in the above-entitled proceeding for failure to comply with a decision and order on motion of this Court dated January 2, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).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 January 2, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.MATTER of Akilah A. (Anonymous). Administration for Childrens Services, petitioner-appellant; Bishme A. (Anonymous), et al., res-res — (Proceeding No. 1)MATTER of Jassir A. (Anonymous). Administration for Childrens Services, petitioner-appellant; Bishme A. (Anonymous), et al., res-res — (Proceeding No. 2) — Motion by the petitioner-appellant to enlarge the time to perfect an appeal from an order of the Family Court, Queens County, dated August 9, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted and the petitioner-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 petitioner-appellant’s brief on the appeal is enlarged until May 10, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.MATTER of Jay Harary, pet, v. Judy Betesh, res — V-14346-16/16B, V-14347-16/16B) — Motion by Judy Betesh for leave to appeal to this Court from an order of the Family Court, Kings County, dated February 15, 2018, and for an expedited briefing schedule.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 Balkin, J.P.; Leventhal, Hinds-Radix and Christopher, JJ.MATTER of Genella Lintao, ap, v. Richard Delgado, res — Motion by the respondent to dismiss an appeal from an order of the Family Court, Kings County, dated August 17, 2017, or, in the alternative, to enlarge the time to serve and file a brief and for poor person relief.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 to enlarge the respondent’s time to serve and file a brief is granted, the respondent’s time to serve and file a brief is enlarged until May 10, 2018, and the respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that the motion is otherwise denied.BALKIN, J.P., LEVENTHAL, HINDS-RADIX and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Leventhal, Hinds-Radix and Christopher, JJ.MATTER of Nichelle S. E. B. (Anonymous). Westchester County Department of Social Services, petitioner-res, Kyondra E. (Anonymous), respondent-appellant res — (Proceeding No. 1)MATTER of Michael A. T. (Anonymous), Jr. Westchester County Department of Social Services, petitioner-res, Kyondra E. (Anonymous), respondent-appellant res — (Proceeding No. 2)MATTER of Hezekiah J.-M. E. (Anonymous). Westchester County Department of Social Services, petitioner-res, Kyondra E. (Anonymous), respondent-appellant res — (Proceeding No. 3)MATTER of Za-Nayla T. (Anonymous), Jr. Westchester County Department of Social Services, petitioner-res, Kyondra E. (Anonymous), respondent-appellant res — (Proceeding No. 4) N-5193-16, N-5194-16, N-5195-16, N-5196-16, N-5197-16) — Appeal by Kyondra E. from an order of the Family Court, Westchester County, dated September 20, 2017. By order to show cause dated February 23, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered relieving the attorney assigned by order on certification of this Court dated January 12, 2018, to perfect the appeal on behalf of the respondent-appellant on the ground that the attorney had been unable to contact the respondent-appellant, and dismissing the appeal.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion is granted to the extent that former assigned counsel, William Martin, 44 Church Street, White Plains, NY 10601, 914-771-7711 is relieved of the assignment and directed to turn over all papers in this matter to new counsel herein assigned, and the motion is otherwise denied; and it is further,ORDERED that pursuant to Family Court Act §§1118 and 1120, the following named attorney is assigned as new counsel to prosecute the appeal:Neal D. Futerfas50 main Street, Suite 1000 – 10th FloorWhite Plains, NY 10606914-552-6076and it is further,ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of 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 as well as the order on certification dated January 12, 2018, have 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 decision and order on motion, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.BALKIN, J.P., LEVENTHAL, HINDS-RADIX and CHRISTOPHER, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.MATTER of Claudio E. Vielma, ap, v. Jennifer Santiago, res — Appeal by Claudio E. Vielma from an order of the Family Court, Nassau County, dated November 6, 2017. By order to show cause dated March 2, 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 in the above-entitled proceeding on the ground that no appeal lies from an order entered upon the consent of the appealing party.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511).DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.MATTER of Jennifer S. Solomon, res, v. Marc H. Fishman, ap — Appeal by Marc H. Fishman from an order of the Family Court, Westchester County, dated February 22, 2018.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 8 (see Family Ct Act §1112), and leave to appeal has not been granted.DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.MATTER of Lizbeth Barreto, res, v. Roberto Hernandez, ap — Appeal by Roberto Hernandez from an order of the Family Court, Westchester County, dated February 13, 2018.On the Court’s own motion, it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before May 1, 2018; and it is further,ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.Kimso Apartments, LLC res, v. Dulcemaria Rivera ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated January 9, 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.Felicia Crawford res, v. NuHealth, etc. def, Winthrop Hospital, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 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 application is granted and the appeal is marked withdrawn.Jon Paul Esemplare, ap, v. Elizabeth Garrett res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 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.Ramon Nicholas Sandoval, res, Trump Plaza Owners, Inc. ap, Donald S. Ruth def — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 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.Daniel Shaw, plf-res, v. Gramercy Park Hotel def-res, RFR Holding, LLC, etc. ap — Application by the appellants RHR Holding Corporation, GPH Manhattan, LLC, GPH Partners, LLC and GPH Master Tenant, LLC, to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 22, 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 by the appellants RHR Holding Corporation, GPH Manhattan, LLC, GPH Partners, LLC and GPH Master Tenant, LLC is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.BAC Home Loans Servicing, LP, res, v. Carol Herskowitz, appellant def — (Appeal No. 1, 2) Hudson City Savings Bank, FSB, res, v. Carol Herskowitz, appellant def — (Appeal No. 3) — Application to withdraw appeals from two orders of the Supreme Court, Nassau County, dated August 8, 2016, and October 3, 2016, respectively, and a judgment of the same court dated July 5, 2017.Upon the stipulation of the attorneys for the respective parties to the appeals dated March 29, 2018, it isORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Mastro, J.P.; Rivera, Dillon, Balkin and Leventhal, JJ.PEOPLE, etc., res, v. Charlene Morisseau, ap — Appeal by Charlene Morisseau from an order of the Supreme Court, Westchester County, dated December 8, 2017.On the Court’s own motion, it isORDERED that the appellant is directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated December 8, 2017, is neither appealable as of right nor by permission (see CPL 450.10, 450.20), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before May 10, 2018; and it is further,ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant at the appellant’s last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined, upon the attorney who last appeared for the appellant, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).MASTRO, J.P., RIVERA, DILLON, BALKIN and LEVENTHAL, JJ., concur.By Chambers, J.P.; Roman, Barros and Christopher, JJ.John Whitfield, ap, v. State of New York, res — (Claim No. 118863) — Motion by the appellant to recalendar oral argument of an appeal from a judgment of the Court of Claims, dated March 18, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is .ORDERED that the motion is denied.CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Leventhal, Hinds-Radix and Christopher, JJ.Emigrant Bank, plf-res, v. Dawna McDonald, def-res, DaTekena Barango-Tariah, etc., ap, et al., def — Appeal by Da’Tekena Barango-Tariah from an order of the Supreme Court, Kings County, dated August 12, 2016. By order to show cause dated February 16, 2018, inter alia, the parties were 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 right of direct appeal from the order terminated upon entry of a judgment of the Supreme Court, Kings County, dated November 1, 2017, in the above-entitled action. Motion by the appellant pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the order, to deem the record and the parties’ briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment.Now, upon the order to show cause and no papers filed in response thereto, and upon the papers filed in support of the appellant’s motion and the papers filed in opposition thereto, it isORDERED that the motion to dismiss the appeal is denied; and it is further,ORDERED that the appellant’s motion is granted, and on or before April 17, 2018, the appellant shall serve and file a supplemental record containing the judgment dated November 1, 2017.BALKIN, J.P., LEVENTHAL, HINDS-RADIX and CHRISTOPHER, JJ., concur.Donna D. James, res, v. Wayne Jamesricardo ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 18, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Daniel Stafford, res, v. Go Airborne, LLC appellants def — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau 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.Wells Fargo Bank, NA, res, v. Daljit Singh, appellant def — Appeals from two orders of the Supreme Court, Nassau County, both dated October 25, 2016.Upon the stipulation of the attorneys for the respective parties to the appeals dated March 26, 2018, it isORDERED that the appeals are marked withdrawn.By Cohen, J.P.; Maltese, Iannacci and Christopher, JJ.John Muzio plf, v. Maria Alfaro-Hardy, individually and as treasurer of the Village of Bayville, New York res, John v. Muzio, Jr., guardian for John Muzio and Theresa Muzio, nonparty-ap — Motion by the nonparty-appellant to recall and vacate so much of a decision and order on motion of this Court dated December 5, 2017, as dismissed an appeal from an order of the Supreme Court, Nassau County, entered May 8, 2017, in effect, to correct the caption, and for leave to reargue the nonparty-appellant’s prior motion, inter alia, to stay enforcement of the order entered May 8, 2017, which was determined by the decision and order on motion of this Court dated December 5, 2017.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, in effect, to correct the caption is remitted to the Supreme Court, Nassau County, to determine; the Supreme Court, Nassau County, shall determine this branch of the motion and advise this Court of its determination with all convenient speed; and it is further,ORDERED that the motion is otherwise held in abeyance in the interim.COHEN, J.P., MALTESE, IANNACCI and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Private Capital Group, LLC, res, v. Samuel A. Abady appellants def — On the Court’s own motion, it isORDERED that so much of an order on application of this Court, entitled “[i]n the Matter of Applications for Extensions of Time” dated April 3, 2018, as enlarged the time to perfect the appeal by Samuel A. Abady and Jane Abady under Appellate Division Docket No. 2017-10916 is recalled and vacated.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Chambers, J.P.; Cohen, Duffy and Connolly, JJ.Nicolette Ann Iacone, etc., plf-res, v. Sal Passanisi, Jr. def-res, County of Nassau, ap — 2018-03374Nichollette Ann Iacone, etc., plaintiff-respondent,v Sal Passanisi, Jr. defendants-respondents,County of Nassau, appellant.(Index No. 1993/09) Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated March 8, 2018, in effect, to confirm that the trial in the above-entitled action is stayed pursuant to CPLR 5519(a) pending hearing and determination of the appeals from the order dated March 8, 2018, and an interlocutory judgment of the same court dated February 16, 2018, and to consolidate 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 from the order dated March 8, 2018, is denied; and it is further,ORDERED that on the Court’s own motion, the appeal purportedly taken as of right from the order dated March 8, 2018, is dismissed, without costs or disbursements (see CPLR 5701); and it is further,ORDERED that the branch of the motion which is, in effect, to confirm that the trial in the above-entitled action is stayed pursuant to CPLR 5519(a) is denied as no automatic stay is in effect; and it is further,ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic.CHAMBERS, J.P., COHEN, DUFFY and CONNOLLY, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.Rebecca Geffner, etc., ap, v. Mercy Medical Center respondents def — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated April 2, 2018 in the above-entitled matter, on an appeal from an order of the Supreme Court, Queens County, is amended by deleting from the second paragraph thereof the words “no papers having been filed in opposition or in relation thereto” and substituting therefor the words “the papers filed in opposition thereto.”LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Deja M. Barbour, ap, v. Gladys Acevedo, res — Appeal by Deja M. Barbour from a clerk’s extract of the Supreme Court, Westchester County, dated February 6, 2018.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a clerk’s extract (see CPLR 5512[a]; Davidson v. Ha Il-Bo, 117 AD2d 776).SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
