MATTER of Yasser Khalifa, ap, v. ACS-Kings res — (Proceeding No. 1)MATTER of Ammar K. (Anonymous). Administration for Childrens Services, petitioner- res, Yasser K. (Anonymous), respondent- ap — (Proceeding No. 2) N-17951-17) — Appeals from two orders of the Family Court, Kings County, both dated February 28, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeals in the above-entitled proceedings 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 ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings 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 appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this Court for leave to prosecute the appeals 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 the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or(5) an affidavit or an affirmation withdrawing the appeals; 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 appeals to show cause why the appeals should or should not be dismissed.By Dillon, J.P.; Leventhal, Miller and Duffy, JJ.MATTER of Thomas B. Smith II, res, v. Keri Elizabeth McCarthy, ap — Appeal by Keri Elizabeth McCarthy from an order of the Family Court, Nassau County, dated July 24, 2017. By order to show cause dated March 16, 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 October 4, 2017, 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 granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the dated October 4, 2017, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).DILLON, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.By Dillon, J.P.; Leventhal, Miller and Duffy, JJ.MATTER of Joy Moseley, res, v. Paul E. Stewart, ap — Appeal by Paul E. Stewart from an order of the Family Court, Kings County, dated November 16, 2016. By order to show cause dated March 16, 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 timely perfect in accordance with the rules of the Court.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 (see 22 NYCRR 670.4[a][2],[4], 670.8[e]).DILLON, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.By Dillon, J.P.; Leventhal, Miller and Duffy, JJ.MATTER of Suzanne Greenwald, appellant-res, v. Brian Greenwald, res-res — Appeal by Suzanne Greenwald, and cross appeal by Brian Greenwald, from an order of the Family Court, Kings County, dated August 24, 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 11, 2018, to represent the respondent-appellant on the ground that the attorney had been unable to contact the respondent-appellant, and dismissing the cross appeal. Motion by the appellant-respondent pro se to waive the filing fee, for free transcripts, and for the assignment of counsel.Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by the appellant-respondent and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion ro relieve the attorney assigned by order on certification of this Court dated January 11, 2018, to represent the respondent-appellant and dismiss the cross appeal is denied; and it is further,ORDERED that the motion by the appellant-respondent is denied.DILLON, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.MATTER of Luna v. (Anonymous). Administration for Childrens Services, petitioner- appellant; Natasha v. (Anonymous), respondent- res — (Proceeding No. 1)MATTER of Julia D. (Anonymous). Administration for Childrens Services, petitioner- appellant; Natasha v. (Anonymous), respondent- res — (Proceeding No. 2) — Appeal by Administration for Children’s Services from an order of the Family Court, Richmond County, dated October 11, 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 appellant to serve and file a reply brief is enlarged until May 7, 2018.MATTER of Nicole L. Ramos, res, v. Matthew T. Broderek, ap — Appeal by Matthew T. Broderek from an order of the Family Court, Orange County, dated September 3, 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 21, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., ap, v. Gino Santiago, res — PEOPLE, etc., ap, v. Christopher Soto, res — The People having appealed from an order of the Supreme Court, Queens County, dated October 11, 2016, and the appeal having been perfected on March 5, 2018, and the defendant Christopher Soto having failed to timely file a brief in response thereto.Now, in compliance with the requirements of People v. Garcia (93 NY2d 42):CHRISTOPHER SOTO IS HEREBY ADVISEDA. that he has the right to the assistance of counsel on the People’s appeal;B. that if he is financially unable to retain counsel he may make an application to this Court for the assignment of counsel, and, upon proof of such financial inability, one will be appointed for him;C. that he has the right to forego the assistance of counsel and to respond to the People’s appeal pro se; andD. that unless within 60 days from the date of service of this decision and order on motion the defendant Christopher Soto either responds to the appeal pro se or by retained counsel, or moves for the appointment of counsel to represent him, he shall be deemed to have waived his right to counsel on the appeal and it shall be heard and determined on the People’s brief alone.On the Court’s own motion, it is:ORDERED that the People are directed to serve a copy of this decision and order on motion, together with a copy of their brief and appendix on the appeal, upon the defendant Christopher Soto, by personal delivery of the same to him; and it is further,ORDERED that the People shall file proof of such service with the Clerk of this Court within 20 days of the date hereof; and it is further,ORDERED that the time of the defendant Christopher Soto to respond to the appeal pro se or by retained counsel, or to move for the assignment of counsel, is enlarged until 60 days after the date of service upon him of a copy of this decision and order on motion together with a copy of the appellant’s brief and appendix on the appeal, and in the event that he fails to so respond to the appeal, or to move for the assignment of counsel within that time, or fails to move for an enlargement of time to respond to the appeal, the defendant Christopher Soto shall be deemed to have waived his right to counsel, and the appeal shall be considered and determined only on the People’s brief and appendix, and the original record; and it is further,ORDERED that if personal service of a copy of this decision and order on motion cannot be made with due diligence, the People may make ex parte application to this Court for an order authorizing alternative methods of service. Such an application shall be supported by affidavit or affidavits detailing the steps taken to find and serve the defendant Christopher Soto, personally.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Austin, J.P.; Roman, Cohen and Barros, JJ.MATTER of Paul Pullini, ap, v. Michelle E. Giampaolo, res — F-17930-09/17C) — Appeal by Paul Pullini from an order of the Family Court, Kings County, dated November 20, 2017. By order to show cause dated March 8, 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 proceedings for failure to comply with a dated January 26, 2018, issued pursuant to §670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]). Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.Now, upon the order to show cause and the 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 branch of the appellant’s 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 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 branches of the appellant’s 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 the appellant’s time to comply with the dated January 26, 2018, is extended and 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 the appellant fails to file the affidavit or affirmation within 30 days of the date of this decision and order on motion, as set forth above, the Court will dismiss the appeal, without further notice.AUSTIN, J.P., ROMAN, COHEN and BARROS, JJ., concur.By Austin, J.P.; Roman, Cohen and Barros, JJ.MATTER of Benjamin F. Madden, III, res, v. Jecinta Post, ap — (Proceeding No. 1)MATTER of Jecinta Post, ap, v. Benjamin F. Madden, III, res — (Proceeding No. 2) — Motion by the appellant’s assigned counsel on an appeal from an order of the Family Court, Orange County, dated June 26, 2017, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel. By order to show cause dated March 22, 2018, the appellant was 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 had abandoned the appeal, and assigned counsel’s motion was held in abeyance in the interim.Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of assigned counsel’s motion and the papers filed in relation thereto, it isORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,ORDERED that assigned counsel’s motion is granted.AUSTIN, J.P., ROMAN, COHEN and BARROS, JJ., concur.MATTER of T. N. (Anonymous). Rockland County Department of Social Services, pet-res — Alec N. (Anonymous), res-res — Appeals by Alec N. from three orders of the Family Court, Rockland County, dated June 14, 2017, December 15, 2017 and January 31, 2018, respectively.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 16, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Rose Zou, res, v. Ming Qiao Zhang, ap — Appeal by Ming Qiao Zhang from an order of the Family Court, Kings County, dated June 23, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the 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.PEOPLE, etc., res, v. Isaiah Scott, ap — Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered July 6, 2017, 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 6, 2017, and the following named attorney was assigned as counsel to prosecute the appeal:Paul Skip Laisure, Esq.Appellate Advocates111 John Street – 9th FloorNew York, New York 10038Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it isORDERED that the motion is 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:Seymour W. James, Jr., Esq.The Legal Aid Society199 Water Street – 5th FloorNew York, New York 10038and 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Romeo O. (Anonymous). Administration for Childrens Services, petitioner-res, Sita P.-M. (Anonymous), et al., respondents-appellants res — (Proceeding No. 1)MATTER of Autumn M. (Anonymous). Administration for Childrens Services, petitioner-res, Sita P.-M. (Anonymous), et al., respondents-appellants res — (Proceeding No. 2)MATTER of Lanlia A. (Anonymous). Administration for Childrens Services, petitioner-res, Sita P.-M. (Anonymous), et al., respondents-appellants res — (Proceeding No. 3)MATTER of Don O. (Anonymous). Administration for Childrens Services, petitioner-res, Sita P.-M. (Anonymous), et al., respondents-appellants res — (Proceeding No. 4) N-14736-16, N-14737-16) — Separate appeals by Sita P.-M. and Vincent M. from an order of the Family Court, Queens County, dated July 31, 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 Autumn M. to serve and file a brief on the appeals is enlarged until May 18, 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.MATTER of Abigail Cruz-Desiena, res, v. James M. Desiena, ap — O-6173-16/17B) — Appeal by James M. Desiena from an order of the Family Court, Dutchess County, dated January 24, 2018.By decision and order on certification of this Court dated March 23, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Joseph Petito2 Austin CourtPoughkeepsie, NY 12603845-454-5586By letter dated April 10, 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 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 Scheinkman, P.J.MATTER of Abigail Cruz-Desiena, res, v. James M. Desiena, ap — O-6173-16/17B) — Appeal by James M. Desiena from an order of the Family Court, Dutchess County, dated January 24, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Lawrence M. Moore, dated March 5, 2018, it isORDERED that the respondent is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to respond to the appeal:Del Atwell39 5th StreetEast Hampton, NY 11937631-267-2067and it is further,ORDERED that assigned counsel shall promptly attempt to contact the respondent at the address provided by the Court, and shall notify the Case Manager assigned to the appeal on or before May 8, 2018, in writing, that he has done so and that either(1) the respondent is interested in responding to the appeal, or(2) the respondent is not interested in responding to the appeal, or that he has been unable to contact the respondent, and wishes to be relieved of the assignment.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Suzanne Greenwald, res, v. Brian Greenwald, ap — Appeal by Brian Greenwald from an order of the Family Court, Kings County, dated December 11, 2017. By order on certification of this Court dated April 16, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Heath J. Goldstein90-50 Parsons Blvd., Suite 216Jamaica, New York 11432646-436-1052By letter dated April 18, 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 April 16, 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 Mark A. M. (Anonymous), petitioner- res, v. Lesley R. S. (Anonymous), res, Elisha M. (Anonymous), nonparty-ap — Appeals by Elisha M. from two orders of the Family Court, Nassau County, dated September 28, 2017, and November 6, 2017, respectively. 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 appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until May 24, 2018.MATTER of Erik Werth, ap, v. Yael Newmann-Werth, res — V-22632-16/17A, O-22629-16) — Appeal by Erik Werth from an order of the Family Court, Kings County, dated June 23, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on April 17, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this order, the briefs for the respondent and the attorney for the children in the above-entitled appeal shall be served and filed.By Chambers, J.P.; Sgroi, Maltese and Connolly, JJ.MATTER of Michelle Crane, res, v. John Santiago, ap — Appeal by John Santiago from an order of the Family Court, Queens County, dated July 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 dismissing the appeal in the above-entitled proceeding for failure to comply with a decision and order on motion of this Court dated January 3, 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 3, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Chambers, J.P.; Sgroi, Maltese and Connolly, JJ.MATTER of Julie Lambrianakos, petitioner- res, v. John Michael Lambros, res, Melissa Marler, ap — Motion by the respondent to dismiss an appeal from an order of the Family Court, Kings County, dated July 31, 2017, on the ground that no appeal lies from an order entered upon the default of the appealing party.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511).CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Andriy Komynar, ap — On the Court’s own motion, it isORDERED that the order to show cause of this Court dated December 15, 2015, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:Appeal by the defendant from an order of the Supreme Court, Kings County, dated October 14, 2015.On the Court’s own motion, it isORDERED that 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 order dated October 14, 2015, is not appealable either by right or by permission (see CPL 450.10; 450.15), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before May 24, 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 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).SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Adam Gonzalez, ap, v. Rachel Santiago, res — Appeal by Adam Gonzalez from an order of the Family Court, Orange County, dated August 30, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Jodi Appel Kaplan, dated April 18, 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:Neal D. Futerfas50 Main Street, #1000White Plains, NY 10606914-552-6076and it is further,ORDERED that Jodi Appel Kaplan, 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 Chambers, J.P.; Sgroi, Maltese and Connolly, JJ.MATTER of John D. Quinn, deceased. Stanley Cohen, petitioner-appellant; Five Towns College, objectant-res — (File No. 894/2016) — Motion by the objectant-respondent to strike stated portions of the petitioner-appellant’s brief on an appeal from an order of the Surrogate’s Court, Suffolk County, dated September 14, 2017, on the ground that they improperly raise issues, facts, and theories for the first time on appeal, and for an award of costs and an attorney’s fee.Upon the papers filed in support of the motion and the papers filed in opposition 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.CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Daniel Miller, ap — Appeal by Daniel Miller from a judgment of the Supreme Court, Nassau County, rendered June 16, 2015. The appellant has brought into question the constitutionality of Penal Law §70.45, notice of which the Attorney General is required to receive pursuant to Executive Law §71.Now, on the Court’s own motion, pursuant to Executive Law §71(1), it isORDERED that the Clerk of the Court, or her designee shall serve a copy of the appellant’s brief on the Attorney General; and it is further,ORDERED that on or before June 11, 2018, the Attorney General shall either serve and file a brief in support of the constitutionality of Penal Law §70.45, if he be so advised, or notify this Court in writing that he declines to intervene on this appeal; and it is further,ORDERED that in the event the Attorney General elects to serve and file a brief, the appellant may serve and file a brief in response on or before July 11, 2018.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Phoenix (Anonymous), ap — Joseph K. (Anonymous) petitioners- appellants; Suffolk County Department of Social Services, res-res — Appeal by Phoenix, and separate appeal by Joseph K. and Donna K., from an order of the Family Court, Suffolk County, dated August 22, 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 appellant Phoenix to perfect the appeal by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief is enlarged until May 28, 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.; Sgroi, Maltese and Connolly, JJ.Onewest Bank, FSB, res, v. Nicholas Zirogiannis ap, et al., def — Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Suffolk County, both dated June 8, 2017, for failure to timely perfect. Application by the appellants to withdraw the appeal.Upon the papers filed in support of the motion and 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 deemed withdrawn, without costs or disbursements; and it is further,ORDERED that the motion is denied.CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Austin, J.P.; Cohen, Barros and Christopher, JJ.Joseph L. Pita, res-ap, v. Roosevelt Union Free School District, et al., appellants-respondents def — Motion by the respondent-appellant for leave to reargue an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered September 4, 2015, which were determined by decision and order of this Court dated December 20, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.AUSTIN, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur.By Rivera, J.P.; Austin, Miller and Duffy, JJ.Robert Alessi ap, v. Robert Mucciolo, etc., res — Motion by the appellants for leave to reargue an appeal from a judgment of the Supreme Court, Nassau County, entered May 30, 2014, which was determined by decision and order of this Court dated December 20, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied, with $100 costs.RIVERA, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.By Balkin, J.P.; Austin, Hinds-Radix and Christopher, JJ.Luz Morales, res, v. Davidson Apartments, LLC ap — Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this Court dated January 24, 2018, which determined an appeal from an order of the Supreme Court, Kings County, dated January 20, 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., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Sgroi, Maltese and Connolly, JJ.Asmina D. Flores, ap, v. Paul Conk, et al. res, et al., def — Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated April 18, 2017, as untimely taken. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal. Application by the appellants to withdraw the appeal.Upon the papers filed in support of the motion and the applications, and no papers having been filed in opposition or in relation thereto, it isORDERED that the application to withdraw the appeal is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,ORDERED that the motion and the application to enlarge the time to perfect the appeal are denied as academic.CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Chambers, J.P.; Sgroi, Maltese and Connolly, JJ.Darryl Wilson, plf, v. Gilmour Supply Co., West, defendant third-party plf-ap, et al., defendant; UPS Freight, Truckload Division, third-party def-res — Motion by the third-party defendant-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 27, 2017, as untimely taken.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Chambers, J.P.; Sgroi, Maltese and Connolly, JJ.MATTER of Morull Trust. Sarah Eisner, petitioner-res, Jacob Ullman, res-res — (File No. 3795B/08)MATTER of Morull Trust. Sarah Eisner, petitioner-res, Jacob Ullman, res-res — (File No. 3795/08) — Motion by the petitioner-respondent to dismiss appeals from an order of the Surrogate’s Court, Kings County, dated January 4, 2017, as untimely taken, and from an order of the same court dated May 18, 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 branch of the motion which is to dismiss the appeal from the order dated January 4, 2017, is denied; and it is further,ORDERED that the branch of the motion which is to dismiss the appeal from the order dated May 18, 2017, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,ORDERED that on the Court’s own motion, the appellant’s time to perfect the appeals is enlarged until June 18, 2018.CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.MATTER of Eian G. (Anonymous). Administration for Childrens Services, petitioner-res, Sykia G. (Anonymous), respondent-res, Janeen J. (Anonymous), nonparty-ap — Appeal by Janeen J. from an order of the Family Court, Queens County, dated February 15, 2018. By dated March 8, 2018, the nonparty-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) if the nonparty-appellant was indigent and could not 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; or(5) an affidavit or an affirmation withdrawing the appeal.The nonparty-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 to the appeal 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 scheduling March 8, 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 May 15, 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 to the appeal by regular mail.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Darrell Joseph Sharpelletti, a deceased attorney. (Attorney Registration No. 2190064) — Darrell Joseph Sharpelletti was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on August 3, 1995. Mr. Sharpelletti died on March 9, 2018.On the Court’s own motion and pursuant to 22 NYCRR 1240.21(a), it isORDERED that David V. Falkner, 737 Roanoke Avenue, Riverhead, New York 11901, is hereby appointed as inventory attorney (1) to take custody of and inventory the files of Darrell Joseph Sharpelletti, a deceased attorney, including any original wills, (2) to take custody of and safeguard the records of any business, escrow, trust, or special bank account of the deceased attorney, (3) to receive, open, and read mail addressed to the deceased attorney at his former regular place of business, and (4) to take such action as is deemed proper and advisable to protect the interests of the former clients of the deceased attorney .SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Robert Mannheimer, res, v. Board of Assessors and/or the Assessor of the Town of Islip ap — (SCAR Index No. 822489/2017) — Appeal by the Board of Assessors and/or the Assessor of the Town of Islip and Board of Assessment Review from a determination of a hearing officer in a special proceeding for small claims assessment review, pursuant to Real Property Tax Law article 7, title 1-A, dated February 5, 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 a determination of a hearing officer in a special proceeding for small claims assessment review, pursuant to Real Property Tax Law article 7, title 1-A (see Real Property Tax Law §736).SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Balkin, J.P.; Barros, Iannacci and Christopher, JJ.PEOPLE, etc., res, v. Ronald Barrow, ap — Motion for Poor Person Relief — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered August 23, 2018, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.By Rivera, J.P.; Dillon, Nelson and Christopher, JJ.MATTER of Darlene E. (Anonymous). — Motion by Darlene E. for leave to appeal to this Court from an order to show cause of the Supreme Court, Queens County, dated March 28, 2018, and to stay enforcement of stated portions of the order to show cause, pending hearing and determination of the appeal.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is dismissed for failure to provide proof of service of the motion in accordance with the order to show cause.RIVERA, J.P., DILLON, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.By Rivera, J.P.; Dillon, Nelson and Christopher, JJ.Magalie Dorsainvil, res, v. Noria Guardia 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, Westchester County, dated September 15, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., DILLON, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.By Rivera, J.P.; Dillon, Nelson and Christopher, JJ.Linda Brown, res, v. Patrick Reilly, ap — Motion by the appellant 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 January 29, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., DILLON, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.By Mastro, J.P.; Rivera, Dillon, Balkin and Leventhal, JJ.Nadja Schulz, ap, v. Nathaniel Kiernan, res — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated April 20, 2018, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor: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).MASTRO, J.P., RIVERA, DILLON, BALKIN and LEVENTHAL, JJ., concur.MATTER of Tomer T. Levin, respondent-appellant, v. Efrat Blum, appellant-respondent.Appeal by Efrat Blum, and cross appeal by Tomer T. Levin, from an order of the Family Court, Nassau County, dated November 29, 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-respondent’s time to perfect the appeal by causing the original papers constituting the record on the appeal and cross 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 is enlarged until May 18, 2018. MATTER of Rikisha Reid, appellant, v Ian Brown, respondent.Appeal by Rikisha Reid from an order of the Family Court, Kings County, dated June 12, 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 18, 2018.
