By Scheinkman, P.J.MATTER of Madeline Garcia, ap, v. Maritza Lopez-Garcia res — V-7982-13, V-7983-13, V-7984-13, V-1985-13, V-7986-13, V7987-13, V-7988-13) — Appeal by Madeline Garcia from an order of the Family Court, Westchester County, dated March 16, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Andrew W. Szczesniak dated April 3, 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:Lauren B. Glenn777 Westchester Avenue, Suite 101White Plains, New York 10604(203) 832-9082and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before April 30, 2018, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either(1) the appellant is interested in prosecuting the appeal, or(2) the appellant is not interested in prosecuting the appeal, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) 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 appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any or orders issued pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.MATTER of Madeline Garcia, ap, v. Maritza Lopez-Garcia res — Appeal by Madeline Garcia from an order of the Family Court, Westchester County, dated March 16, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Andrew W. Szczesniak dated April 3, 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:Lauren B. Glenn777 Westchester Avenue, Suite 101White Plains, New York 10604(203) 832-9082and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before April 30, 2018, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either(1) the appellant is interested in prosecuting the appeal, or(2) the appellant is not interested in prosecuting the appeal, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the 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 appellant’s 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 the assigned counsel shall prosecute the appeal expeditiously in accordance with any or orders issued pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Balkin, Leventhal and Connolly, JJ.MATTER of Yohan Choi, a suspended attorney. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Yohan Choi, res — (Attorney Registration No. 4047858) — Motion by the respondent to vacate so much of a decision and order on motion of this Court dated November 20, 2017, as immediately suspended him from the practice of law pursuant to Judiciary Law §90(4)(f) as a result of his conviction of a serious crime on February 1, 2017, in the United States District Court for the Eastern District of New York of conspiracy to commit money laundering, in violation of 18 USC §1956, or, in the alternative, to permit him to represent clients in 15 pending matters until the matters are completed. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 18, 2002.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is denied.SCHEINKMAN, P.J., MASTRO, BALKIN, LEVENTHAL and CONNOLLY , JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Jordan S. Josephson, etc. res, v. Oxford Health Insurance, Inc. ap — 2014-10313, 2015-01707Jordan S. Josephson, etc. respondents,v Oxford Health Insurance, Inc.appellants.(Index No. 443/07) Appeals by Oxford Health Insurance, Inc., Oxford Health Plans (NY), Inc., and Oxford Health Plans, LLC, from three orders of the Supreme Court, Nassau County, dated April 18, 2013, August 26, 2014, and December 2, 2014, respectively.On the Court’s own motion, it isORDERED that the appeals are dismissed, without costs or disbursements, on the ground that the right of direct appeal from the orders terminated upon entry of a judgment in the above-entitled action on June 27, 2016 (see Matter of Aho, 39 NY2d 241); and it is further,ORDERED that the branch of the respondents’ motion which was to dismiss the appeals from the orders dated August 26, 2014 and December 2, 2014, which was previously held in abeyance by decision and order on motion of this Court dated August 26, 2016, is denied as academic.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Balkin, Leventhal and Cohen, JJ.MATTER of Harry A. Cardillo, admitted as Harry Anthony Cardillo, a suspended attorney. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Harry A. Cardillo, res — (Attorney Registration No. 2505956) — Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts to disqualify the respondent’s counsel in the above-entitled disciplinary proceeding. Cross motion by the respondent to dismiss the proceeding for failure to comply with 22 NYCRR 1240.8(a)(2) and (3) or, in the alternative, to direct the Grievance Committee to comply with 22 NYCRR 1240.8(a)(2) and (3). The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 16, 1992, under the name Harry Anthony Cardillo. By decision and order on motion of this Court dated January 20, 2017, the respondent was immediately suspended from the practice of law pursuant to 22 NYCRR 1240.9(a), based upon uncontroverted evidence of professional misconduct, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent and directed to serve the respondent with a notice of petition and a verified petition dated July 14, 2016, and the matter was referred to David I. Ferber, as Special Referee, to hear and report. By decision and order on motion of this Court dated May 9, 2017, the respondent’s time to serve and file the answer was extended until May 21, 2018. The respondent served the answer but has not filed the answer with this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied; and it is further,ORDERED that the branch of the cross motion which is to dismiss the proceeding is denied; and it is further,ORDERED that on the Court’s own motion the respondent, Harry A. Cardillo, admitted as Harry Anthony Cardillo, shall file his answer within 10 days of the date of this decision and order on motion in the office of the Clerk of this Court; and it is further,ORDERED that the branch of the cross motion which is to direct the Grievance Committee to comply with 22 NYCRR 1240.8(a)(2) is granted, and the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts is directed to serve upon the respondent and file with the Court a Statement of Disputed Facts pursuant to 22 NYCRR 1240.8(a)(2) within 20 days of the date of this decision and order on motion; and it is further,ORDERED that the branch of the cross motion which is to direct the Grievance Committee to comply with 22 NYCRR 1240.8(a)(3) is denied as premature.SCHEINKMAN, P.J., MASTRO, BALKIN, LEVENTHAL and COHEN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Aliyah T. (Anonymous). Administration for Childrens Services, petitioner-res, Jaivon T. (Anonymous), res-res — (Proceeding No. 1)MATTER of Adrianna H. (Anonymous). Administration for Childrens Services, petitioner-res, Jaivon T. (Anonymous), res-res — (Proceeding No. 2) — Appeals by Jaivon T. from three orders of the Family Court, Richmond County, one dated March 29, 2017, and two dated June 30, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Rita Kaufman, dated April 11, 2018, it isORDERED that pursuant to Family Court Act §1120, the following named attorney is assigned as the attorney for the children Aliyah T. and Adroamma H. on the appeals:Joseph H. Nivin118-35 Queens Boulevard, Suite 1220Forest Hills, NY 11375347-642-0376and it is further,ORDERED that Rita Kaufman, 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 Austin, J.P.; Roman, Cohen and Barros, JJ.MATTER of Benton C. Bainbridge, petitioner- res, v. Katherine Powers, res, Robert G. Venturo, nonparty-ap — Motion by Robert G. Venturo for leave to appeal to this Court from an order of the Family Court, Suffolk County, dated March 5, 2018, 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 and in relation thereto, it isORDERED that the branch of the motion which is for leave to appeal 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 5, 2018, is dismissed., without costs or disbursements, and it is further,ORDERED that the motion is otherwise denied as academic.AUSTIN, J.P., ROMAN, COHEN and BARROS, JJ., concur.By Austin, J.P.; Roman, Cohen and Barros, JJ.PEOPLE, etc., res, v. Morgan Friend, ap — Motion by the appellant’s assigned counsel on an appeal from a judgment of the County Court, Westchester County, rendered July 12, 2016, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that on the Court’s own motion, the 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 abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before May 21, 2018; and it is further,ORDERED that the motion by assigned counsel to be relieved 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 his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).AUSTIN, J.P., ROMAN, COHEN and BARROS, JJ., concur.By Austin, J.P.; Roman, Cohen and Barros, JJ.Webster Bank, National Association, plaintiff- res, v. Harvey Selman ap, American Home Mortgage defendants- respondents def — Motion by the plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated August 14, 2017, on the ground that “the issue raised is nonappealable” or, in the alternative, to enlarge the time to serve and file a brief.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 dismiss the appeal is denied; and it is further,ORDERED that the branch of the motion which is to enlarge the plaintiff-respondent’s time to serve and file a brief is granted, the plaintiff-respondent’s time to serve and file a brief is enlarged until May 21, 2018, and the plaintiff-respondent’s brief shall be served and filed on or before that date.AUSTIN, J.P., ROMAN, COHEN and BARROS, JJ., concur.By Dillon, J.P.; Leventhal, Miller and Duffy, JJ.Kevin Phillip, ap, v. State of New York, res — (Claim No. 128382) — Motion by the appellant pro se to waive payment of the filing fee on an appeal from an order of the Court of Claims dated March 7, 2017, as a poor person.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied; and it is further,ORDERED that on the Court’s own motion, and the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing a brief on the appeal is enlarged until June 18, 2018.DILLON, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.By Dillon, J.P.; Leventhal, Miller and Duffy, JJ.Bank of America, res, v. Roxanne Russell, ap, et al., def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 17, 2017, for failure to timely perfect. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.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 motion is denied; and it is further,ORDERED that the application is granted, the appellant’s time to perfect the appeal is enlarged until May 21, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.DILLON, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.By Dillon, J.P.; Leventhal, Miller and Duffy, JJ.HSBC Bank USA, National Association, etc., plf-res, v. Patti Scivoletti, ap, GE Money Bank def-res, et al., def — Motion by the plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered October 28, 2016, for failure to timely perfect. Cross motion by the appellant to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied; and it is further,ORDERED that the cross motion is granted, the appellant’s time to perfect the appeal is enlarged until June 18, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.DILLON, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.By Dillon, J.P.; Leventhal, Miller and Duffy, JJ.MATTER of Nella Manko, ap, v. New York State Division of Housing and Community Renewal Office of Rent Administration, res — Motion by the appellant pro se to enlarge the time to perfect appeals from three orders of the Supreme Court, Kings County, dated March 10, 2017, February 3, 2017, and December 23, 2016, respectively, for poor person relief, for the assignment of counsel, and to waive the motion filing fee.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 time to perfect the appeals is granted, the appellant’s time to perfect the appeals is enlarged until June 4, 2018, and the record or appendix on the appeals and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that the branch of the motion which is to waive the motion filing fee is denied as unnecessary (see CPLR 8022[b]); and it is further,ORDERED that the motion is otherwise denied.DILLON, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.By Dillon, J.P.; Leventhal, Miller and Duffy, JJ.MATTER of Nella Manko, ap, v. Lenox Hill Hospital, res — Motion by the appellant pro se to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated November 3, 2016, and a judgment of the same court entered April 20, 2017, for poor person relief, for the assignment of counsel, and to waive the motion filing fee.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 time to perfect the appeals is granted, the appellant’s time to perfect the appeals is enlarged until June 4, 2018, and the record or appendix on the appeals and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that the branch of the motion which is to waive the motion filing fee is denied as unnecessary (see CPLR 8022[b]); and it is further,ORDERED that the motion is otherwise denied.DILLON, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.By Brathwaite Nelson, J.PEOPLE, etc., plf, v. George Mera, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Queens County, dated October 21, 2016, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Dillon, J.P.; Leventhal, Miller and Duffy, JJ.U.S. Bank Trust, N.A., etc., res, v. Robert B. Marcus, etc. ap — Motion by the respondent to dismiss an appeal from an order of the Supreme Court Rockland County, dated October 12, 2017, on the ground that no appeal lies from an order denying reargument.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 held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.DILLON, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.By Dillon, J.P.; Leventhal, Miller and Duffy, JJ.U.S. Bank N.A., res, v. Leroy France, etc., ap, et al., def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 30, 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]).DILLON, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.By Brathwaite Nelson, J.PEOPLE, etc., plf, v. James Martin, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated June 3, 2016, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Brathwaite Nelson, J.PEOPLE, etc., plf, v. Jimmy Louis, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Kings County, dated August 31, 2016, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Nadja Schulz, ap, v. Nathaniel Kiernan, res — Appeal by Nadja Schulz from an unsigned transcript of the Supreme Court, Westchester County, dated March 13, 2018.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an unsigned transcript (see Ojeda v. Metropolitan Playhouse, Inc., 120 AD2d 717).SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Rivera, J.P.; Hinds-Radix, Lasalle and Brathwaite Nelson, JJ.MATTER of Mary G. Bosse, ap, v. Orville Sampson, res — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated November 30, 2017, as a poor person and for the assignment of counsel.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act §1116), and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this decision and order on motion; 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 of the date of this decision and order on motion, the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court 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 that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4), above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.RIVERA, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Eddie Parker, ap — Appeal by Eddie Parker from a judgment of the Supreme Court, Nassau County, rendered February 13, 2018. By order dated February 13, 2018, the Supreme Court, Nassau County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief.Now, upon the order dated February 13, 2018, it isORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:N. Scott BanksAttorney in Charge, Criminal Div.Legal Aid Society of Nassau County40 Main Street, 3rd FloorHempstead, New York 11550and 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 application 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 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 application upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Sheakwan Gray, ap — Appeal by Sheakwan Gray from a judgment of the Supreme Court, Kings County, rendered February 5, 2018. By order dated February 5, 2018, the Supreme Court, Kings County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief.Now, upon the order dated February 5, 2018, it isORDERED 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 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 application 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 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 application upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Jose Bermudez, ap — (S.C.I. No. 169N/18) — Appeal by Jose Bermudez from a judgment of the County Court, Nassau County, rendered February 28, 2018. By order dated February 28, 2018, the County Court, Nassau County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief.Now, upon the order dated February 28, 2018, it isORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Jillian S. HarringtonP.O. Box 131621Staten Island, NY 10313and 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 application 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 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 application upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Jose v. Hernandez, ap — (S.C.I. No. 1560N/17) — Appeal by Jose V. Hernandez from a judgment of the County Court, Nassau County, rendered February 9, 2018. By order dated February 9, 2018, the County Court, Nassau County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief.Now, upon the order dated February 9, 2018, it isORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Michael A. FiechterP.O. Box 1107Bellmore, NY 11710and 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 application 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 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 application upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Hannah Mallin, etc., deceased. Steven K. Meier, appellant; Robert Mallin res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 1, 2016.Upon the stipulation of the attorneys for the respective parties dated April 5, 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.Elizaveta v. Serebryakova, res, v. Festival Fun Parks, LLC, etc., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 23, 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.Karen Saribekov, appellant-res, v. 52 West 13th P, LLC, defendant second third- party plaintiff-res-ap, Kiska Development Group, LLC, etc., defendant third-party plaintiff-respondent-appellant; Loreconcrete, LLC, third-party/second third-party defendant res — Application by 52 West 13th P, LLC, on an appeal and cross appeals from an order of the Supreme Court, Kings County, dated November 20, 2017, to withdraw its cross 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 cross appeal by 52 West 13th P, LLC, is marked withdrawn.By Chambers, J.P.; Sgroi, Maltese and Connolly, JJ.Westchester Joint Water Works, ap, v. Consolidated Edison Company of New York, res — Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, dated November 6, 2017, and February 2, 2018, 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.CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Chambers, J.P.; Sgroi, Maltese and Connolly, JJ.Manuel Nieves, plf-res, v. Monte S. Lipman def-res, Robertson Construction, Inc. defendants third- party plf-ap, Robertson Constructing, Inc., defendant second third-party plaintiff-appellant; Carlos Plastering, Inc., third-party defendant-res, Centro Construction, LLC, second third-party defendant- res — 2018-01621Manuel Nieves, respondent-appellant,v Monte S. Lipman defendants-respondents,Robertson Construction, Inc. defendants third-party plaintiffs-appellants-respondents, RobertsonConstructing, Inc., defendant second third-partyplaintiff-appellant-respondent; Carlos Plastering, Inc.,third-party defendant-respondent; Centro Construction,LLC, second third-party defendant-respondent.(Index No. 64994/14) Motion by Robertson Construction, Inc., Robertson Contracting, Inc., and Bryan Robertson to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated December 29, 2017, and an appeal and cross appeal from an order of the same court also dated December 29, 2017, and to consolidate the appeals and cross 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 to stay the trial is denied; and it is further,ORDERED that the branch of the motion which is to consolidate the appeals and cross appeal is denied as unnecessary as the appeal under Appellate Division Docket No. 2018-01614 may be consolidated with the appeal and cross appeal under Appellate Division Docket No. 2018-01621 as of right (see 22 NYCRR 670.7[c][1]).CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Chambers, J.P.; Sgroi, Maltese and Connolly, JJ.Wells Fargo Bank, N.A., plf, v. Kenneth M. Elsman, appellant defendants; US Bank Trust, N.A., etc., nonparty-res — Motion by the appellant to set aside the foreclosure sale of the subject premises and vacate the referee’s deed, on an appeal from a judgment of the Supreme Court, Nassau County, entered May 3, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Chambers, J.P.; Sgroi, Maltese and Connolly, JJ.Andrew Pandis, ap, v. Fay Lapas, res — Motion by the appellant to stay enforcement of a decision of the Supreme Court, Queens County (IDV Part), dated November 15, 2017, pending hearing and determination of an appeal therefrom.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that 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 motion is denied as academic.CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Chambers, J.P.; Sgroi, Maltese and Connolly, JJ.Esther Pinto, res, v. John E. Kehoe, etc., ap, et al., def — Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Kings County, entered March 6, 2018, pending hearing and determination of an appeal therefrom.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Chambers, J.P.; Sgroi, Maltese and Connolly, JJ.MATTER of Alexandra Detore, res, v. Brian Detore, ap — Motion by the appellant on appeals from two orders of the Family Court, Suffolk County, dated October 6, 2017, and November 27, 2017, respectively, inter alia, to stay enforcement of the order dated October 6, 2017, and direct his release from incarceration, pending hearing and determination of the appeals.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Chambers, J.P.; Sgroi, Maltese and Connolly, JJ.Melissa L. Burton, res, v. Gregory M. Burton, ap — Motion by the appellant to stay enforcement of stated portions of a judgment of the Supreme Court, Suffolk County, entered November 21, 2017, pending hearing and determination of an appeal therefrom, and for poor person relief.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Chambers, J.P.; Sgroi, Maltese and Connolly, JJ.PEOPLE, etc., plf-res, v. Dominick Barizone, appellant; American Society for the Prevention of Cruelty to Animals, nonparty-res — Motion by the appellant to enjoin the American Society for the Prevention of Cruelty to Animals from enforcing an order of the Supreme Court, Queens County, dated December 20, 2017, pending hearing and determination of an appeal therefrom.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Chambers, J.P.; Sgroi, Maltese and Connolly, JJ.Lori A. Janczewski, res, v. Adam J. Janczewski, ap — 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, Suffolk County, dated February 13, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 21, 2018; 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.CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Austin, J.P.; Roman, Cohen and Barros, JJ.Thomas Binenti ap, v. Lawrence Lynn defendants-res, 30-40 Fleetwood Avenue Corp. defendants third-party plaintiffs-res, Laura Hanna, third-party def-res — Motion by Thomas Binenti and Elba Figueroa for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated March 2, 2018, and, inter alia, to stay enforcement of that order, pending hearing and determination of appeals from the order dated March 2, 2018, and two orders of the same court dated December 12, 2017, and February 23, 2018, respectively.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 on the Court’s own motion, the appeal purportedly taken as of right from the order dated March 2, 2018, is dismissed, without costs or disbursements; and it is further,ORDERED that the motion is otherwise denied.AUSTIN, J.P., ROMAN, COHEN and BARROS, JJ., concur.By Chambers, J.P.; Austin, Maltese and Connolly, JJ.R. A., etc., res, v. Brentwood Union Free School District appellants def — Motion by the appellant Brentwood Union Free School District to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of appeals from an order of the Supreme Court, Suffolk County, dated May 11, 2017. Separate motion by the appellant Suffolk Transportation Service, Inc., to stay the trial in the above-entitled action, pending hearing and determination of the appeals.Upon the papers filed in support of the motion by the appellant Brentwood Union Free School District and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the appellant Suffolk Transportation Service, Inc., and the papers filed in opposition thereto, it isORDERED that the motions are denied.CHAMBERS, J.P., AUSTIN, MALTESE and CONNOLLY, JJ., concur.By Miller, J.PEOPLE, etc., res, v. Jacob A. Palant, ap — Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Nassau County, rendered March 26, 2018, and to set bail.Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon hearing the attorneys for the respective parties, it isORDERED that the motion is granted, execution of the judgment is stayed upon condition that the appellant post bail by the giving of a bail bond in the amount of $50,000, or by depositing the sum of $25,000 as a cash bail alternative, and upon the further condition that the appellant surrender any passports in his possession to the Office of the District Attorney, Nassau County, and shall not apply for any new or replacement passports; and it is further,ORDERED that in the event that the bail bond in the sum of $50,000 previously posted by the appellant on Nassau County Indictment No. 522N/16 has not been exonerated, it shall continue and remain in effect; and it is further,ORDERED that this stay shall terminate and be of no further effect 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this Court, or unless this Court shall have extended this order; and it is further,ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to begin the execution of sentence; and it is further,ORDERED that upon receipt of this order together with (1) proof that the appellant has given a bail bond in the amount of $50,000 or has deposited the sum of $25,000 as a cash bail alternative, and (2) proof that the appellant has surrendered his passports, if any, to the Office of the District Attorney, Nassau County, the Warden of the facility at which the appellant is incarcerated, or his or her agent, is directed to immediately release the appellant; and it is further,ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.ROBERT J. MILLERAssociate Justice
