Motion List released on:April 17, 2018
By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Carl L. Clark, Jr., ap — Motion by the appellant pro se, in effect, to restore to active status an appeal from a judgment of the County Court, Dutchess County, rendered March 26, 2014, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that 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 appeal has been abandoned, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before June 11, 2018; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to respond to the order to show cause:Thomas N. N. AngellPublic Defender22 Market StreetPoughkeepsie, NY 12601and it is further,ORDERED that the appellant’s motion is held in abeyance pending determination of this Court’s motion to dismiss the appeal; and it is further,ORDERED that the stenographer of the trial court, or the trial court’s designee if that stenographer is no longer available, 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9), unless the making of any of such transcripts is no longer possible, in which case the stenographer of the trial court, or the trial court’s designee, shall file with the clerk of the trial court an affidavit setting forth which proceeding(s) cannot be transcribed; 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, unless the making of any of such transcripts is no longer possible, in which case the stenographer of the trial court, or the trial court’s designee, shall file with the clerk of the trial court an affidavit setting forth that the proceeding cannot be transcribed; and it is further,ORDERED that, with respect to the proceedings set forth above, the clerk of the trial court shall furnish to assigned counsel (1) one certified transcript of the proceedings, without charge (see CPL 460.70), and/or (2) a copy of the affidavit stating that the making of a transcript is no longer possible; assigned counsel is directed to turn over any such transcripts to the respondent when counsel files papers in response to this order to show cause; 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 order to show cause 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 it is further,ORDERED that in the event that assigned counsel cites or relies upon the probation report in papers filed in response to this order to show cause, counsel shall provide a complete copy of such report and any attachments to this Court and the respondent prior to the filing of such papers; 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 responding to this order to show cause; 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 order to show cause upon the clerk of the court from which the appeal is taken; and it is further,ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant at the appellant’s last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined, upon the attorney who last appeared for the appellant, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Sebastian R. (Anonymous). Administration for Childrens Services, petitioner-res, Debra S. (Anonymous), respondent-appellant res — Appeals by Debra S. from two orders of the Family Court, Queens County, dated June 28, 2017, and February 22, 2018, respectively. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Kelly Latham dated March 16, 2018, it isORDERED that the respondent-appellant is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals:Mark DiamondBox 287356Yorkville StationNew York, New York 10128917-660-8758and it is further,ORDERED that assigned counsel shall promptly attempt to contact the respondent-appellant at the address provided by this Court, and on or before May 1, 2018, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either(1) the respondent-appellant is interested in prosecuting the appeals, or(2) the respondent-appellant is not interested in prosecuting the appeals, or that he has been unable to contact the respondent-appellant, and wishes to be relieved of the assignment;and it is further,ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the respondent-appellant, the petitioner-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 respondent-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 respondent-appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the child, if any, when counsel serves the respondent-appellant’s brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the appeals 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 respondent-appellant is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Chambers, J.P.; Cohen, Duffy and Connolly, JJ.MATTER of Edward Koehl, ap, v. NYS Division of Parole, res — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Richmond County, dated October 18, 2018, 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 branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 branches of the motion which are to waive payment of the filing fee and for free transcripts are denied.CHAMBERS, J.P., COHEN, DUFFY and CONNOLLY, JJ., concur.By Chambers, J.P.; Cohen, Duffy and Connolly, JJ.MATTER of Nidra B. (Anonymous), ap, v. Andrew M. (Anonymous), res — Appeals by Nidra B. from two orders of the Family Court, Suffolk County, both dated September 22, 2017. By order to show cause dated January 26, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with a dated December 5, 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 no papers having been filed in response thereto, it isORDERED that the motion to dismiss the appeals is granted, and the appeals are dismissed, without costs or disbursements, for failure to comply with the dated December 5, 2017, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).CHAMBERS, J.P., COHEN, DUFFY and CONNOLLY, JJ., concur.By Balkin, J.P.; Barros, Iannacci and Christopher, JJ.MATTER of Lisa A. Robinson-Pickett, res, v. Yusef Sirius-El, ap — Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated September 15, 2016, inter alia, to be provided with the audiotapes of certain proceedings, and, in effect, for a reconstruction hearing with respect to certain proceedings which occurred on July 14, 2016.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the branch of the motion which is, in effect, for a reconstruction hearing with respect to certain proceedings which occurred on July 14, 2016, is denied as unnecessary in light of the representation of the Family Court, Kings County, that the minutes for the proceeding which occurred on July 14, 2016, from 2:31pm to 2:43 pm, are available; and it is furtherORDERED that the motion is otherwise denied.BALKIN, J.P., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Barros, Iannacci and Christopher, JJ.MATTER of Carol Tortoriello, res, v. Joseph Tortoriello, ap — Appeal by Joseph Tortoriello from an order of the Family Court, Westchester County, dated August 23, 2017. By order to show cause dated March 13, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a dated January 26, 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 dated January 26, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).BALKIN, J.P., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Barros, Iannacci and Christopher, JJ.MATTER of Hannah T. R. (Anonymous). Administration for Childrens Services, petitioner- res, Soya R. (Anonymous), respondent- ap — Appeal by Soya R. from an order of the Family Court, Kings County, dated December 6, 2017. By order to show cause dated March 9, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a dated January 29, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the dated January 29, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).BALKIN, J.P., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.By Dillon, J.P.; Leventhal, Hinds-Radix and Lasalle, JJ.PEOPLE, etc., res, v. Joseph Evans, ap — Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, rendered August 5, 2014, which was determined by decision and order of this Court dated January 10, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.DILLON, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.Members of the Dekalb Avenue Condominium Association, res, v. Shnayer Klein, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated May 25, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the appellant’s time to serve and file a reply brief is enlarged, and the reply brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.By Roman, J.P.; Sgroi, Maltese and Iannacci, JJ.MATTER of Isaac S. (Anonymous). Administration for Childrens Services, petitioner-res, Miriam S. (Anonymous), respondent-appellant res — (Proceeding No. 1)MATTER of Faigy S. (Anonymous). Administration for Childrens Services, petitioner-res, Miriam S. (Anonymous), respondent-appellant res — (Proceeding No. 2) — Appeal by Miriam S. from an order of the Family Court, Kings County, dated November 14, 2017. By order to show cause dated March 12, 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)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal is denied; and it is further,ORDERED that within 30 days after the date of this decision and order on motion, the respondent-appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcript has been received and indicating the date that it was received, or, 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; and it is further,ORDERED that if the respondent-appellant fails to file the affidavit or affirmation within 30 days after the date of this decision and order on motion, as set forth above, the Court will dismiss the appeal, without further notice.ROMAN, J.P., SGROI, MALTESE and IANNACCI, JJ., concur.By Roman, J.P.; Sgroi, Maltese and Iannacci, JJ.MATTER of Donna Banton, res, v. Joseph Basile, ap — Appeal by Joseph Basile from an order of the Family Court, Kings County, dated November 13, 2017. By order to show cause dated March 12, 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 8, 2018, to perfect the appeal on behalf of the appellant on the ground that the appellant no longer wishes to perfect the appeal, and dismissing the appeal.Now, upon the order to show cause and no papers having been filed in response thereto, it isORDERED that the motion is granted, assigned counsel is relieved of the assignment, and the appeal is dismissed, without costs or disbursements.ROMAN, J.P., SGROI, MALTESE and IANNACCI, JJ., concur.By Mastro, J.P.; Miller, Nelson and Iannacci, JJ.Dahyabhai Patel ap, v. Garden Home Management Corp., et al., res — (Action No. 1)Garden Homes Mobile Home Park Company Limited Partnership, res, v. Dahyabhai Patel ap, et al., def — (Action No. 2)— Motion by the respondent for leave to reargue a stated portion of an appeal from a judgment of the Supreme Court, Dutchess County, dated March 12, 2015, which was determined by decision and order of this Court dated December 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, with $100 costs.MASTRO, J.P., MILLER, BRATHWAITE NELSON and IANNACCI, JJ., concur.By Scheinkman, P.J.; Hinds-Radix, Lasalle and Connolly, JJ.City of New York, res, v. Abdus Shahid, ap — Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated June 14, 2017, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion is granted.SCHEINKMAN, P.J., HINDS-RADIX, LASALLE and CONNOLLY, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Sarah M. Gallousis, res, v. Christopher Gallousis, ap — Appeals by Christopher Gallousis from two orders of the Family Court, Orange County, both dated March 21, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Donald M. Card dated April 5, 2018, it isORDERED that the appellant is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals:Richard L. Herzfeld112 Madison Avenue, 8th FloorNew York, New York 10016212-818-9019and 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 May 1, 2018, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either(1) the appellant is interested in prosecuting the appeals, or(2) the appellant is not interested in prosecuting the appeals, or that he 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 appeals, 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 appeals 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 appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Michele L. Dedrick, etc., ap, v. Derrick Cussano, res — (Proceeding No. 1)MATTER of Derrick Cussano, res, v. Michele L. Dedrick, etc., ap — (Proceeding No. 2) V-6086-15/16C, V-6087-15/15C, V-6086-15/17D, V-6087-15/17D, V-6086-15/15B, V-6087-15/15B) — Appeal by Michele L. Dedrick, from an order of the Family Court, Dutchess County, dated June 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’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 14, 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 Ashley G. (Anonymous). Administration for Childrens Services, petitioner-appellant; Eggar T. (Anonymous), respondent-respondent res — (Proceeding No. 1)MATTER of Jason A. T. (Anonymous). Administration for Childrens Services, petitioner-appellant; Eggar T. (Anonymous), respondent-respondent res — (Proceeding No. 2)MATTER of Sharman E. S. (Anonymous). Administration for Childrens Services, petitioner-appellant; Eggar T. (Anonymous), respondent-respondent res — (Proceeding No. 3)MATTER of Amy G. (Anonymous). Administration for Childrens Services, petitioner-appellant; Eggar T. (Anonymous), respondent-respondent res — (Proceeding No. 1) N-20951-16, N-20952-16) — Appeal by Administration for Children’s Services from an order of the Supreme Court, Kings County, dated November 9, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until May 9, 2018.MATTER of Peter T. (Anonymous), Jr. Westchester County Department of Social Services, petitioner-res, Shay S. P. (Anonymous), a/k/a Shay S. T. (Anonymous) respondents-ap — Appeal by Shay S. P., a/k/a Shay S. T., and separate appeal by Peter T., from an order of the Family Court, Westchester County, dated October 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 appellant Peter T. to perfect his 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 appellant’s brief is enlarged until May 11, 2018.MATTER of Puyi Tam, pet-ap, v. Justin Lubatkin, respondent-res, Sloane T. (Anonymous), nonparty-ap — Appeal by Puyi Tam, and separate appeal by Sloane T., from an order of the Family Court, Kings County, dated September 26, 2017. The appellants’ briefs were filed in the office of the Clerk of this Court on March 19, 2018, and April 11, 2018, respectively. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this order, the brief for the respondent in the above-entitled appeals shall be served and filed.MATTER of Joseph J. Gansburg, ap, v. Baila Rivkah Behrman, res — V-7113-15/16B) — Appeals by Joseph J. Gansburg from two orders of the Family Court, Kings County, both dated June 19, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on April 11, 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 child in the above-entitled appeals shall be served and filed.MATTER of Matthew Maldonado, ap, v. Nicole Maldonado, res — Appeal by Matthew Maldonado from an order of the Family Court, Richmond County, dated August 17, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on April 10, 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 child in the above-entitled appeal shall be served and filed.Daniel Cafferata, ap, v. Gerilyn Cafferata, res — Appeals by Daniel Cafferata from an order of the Supreme Court, Richmond County, dated April 13, 2017, and a judgment of the same court dated July 26, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the child to serve and file a brief on the appeals is enlarged until May 16, 2018.By Leventhal, J.PEOPLE, etc., plf, v. Kevin Williams, 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 23, 2017, 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 Leventhal, J.PEOPLE, etc., plf, v. Alvin McLean, def — Motion by the defendant for leave to reargue his prior application 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 July 14, 2006, which was denied by a decision and order on application dated October 24, 2006.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.By Rivera, J.P.; Hinds-Radix, Lasalle and Brathwaite Nelson, JJ.211-12 Northern Boulevard Corp. res, v. LIC Contracting, Inc. appellants def — Motion by the appellants to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered July 17, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted and the trial on the issue of damages in the above-entitled action is stayed pending hearing and determination of the appeal.RIVERA, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Hinds-Radix, Lasalle and Brathwaite Nelson, JJ.Onewest Bank FSB, respondent v. Vivian Phillips def, Priscilla Maddox, ap — Motion by the appellant, in effect, to stay her eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered December 13, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied; and it is further,ORDERED that on the Court’s own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before May 9, 2018; and it is further,ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.RIVERA, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Hinds-Radix, Lasalle and Brathwaite Nelson, JJ.New York Schools Insurance Reciprocal, etc., appellant-res, v. Milburn Sales Co., Inc., etc., respondent-appellant (and third-party actions). — Motion by the respondent-appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Suffolk County, dated March 15, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied.RIVERA, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Hinds-Radix, Lasalle and Brathwaite Nelson, JJ.Allen G. Perkowski, plf-res, v. Ryan Bishop Village ap, Brothers Three Landscaping and Design, Inc., et al., defendants-respondents et al., defendants (and a third-party action). — 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, Suffolk County, dated June 16, 2017, or, in the alternative, for a preference in the calendaring of the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Hinds-Radix, Lasalle and Brathwaite Nelson, JJ.MATTER of Wilson Toro, ap, v. Tekoa Williams, res — Motion by the appellant to stay enforcement of so much of an order of the Family Court, Richmond County, dated January 29, 2018, as awarded sole physical and legal custody of the subject child to the respondent, to award him sole physical and legal custody of the subject child, and to stay all proceedings in the above-entitled matter, pending hearing and determination of an appeal from the order, and for leave to prosecute the appeal on the original record.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 enforcement of so much of the order dated January 29, 2018, as awarded sole physical and legal custody of the subject child to the respondent, to award the appellant sole physical and legal custody of the subject child, and to stay all proceedings in the above-entitled matter, pending hearing and determination of the appeal is denied; and it is further,ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original record is denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]).RIVERA, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.Alexander Harrichand, etc. res, v. Ron Williams ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 18, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Rivera, J.P.; Hinds-Radix, Lasalle and Brathwaite Nelson, JJ.PEOPLE, res, v. Gregory Williams, ap — Motion by the appellant’s assigned counsel on an appeal from an order of the County Court, Suffolk County, dated July 20, 2017, in effect, to be relieved on the ground that the order was entered upon the consent of the appellant. By order to show cause dated March 9, 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 no papers having been 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.RIVERA, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.Steven Cairo, ap, v. Krishna Debysingh, res — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated August 3, 2017.Upon the papers filed in support of the application and no papers having been filedin opposition or in relation thereto, it isORDERED that the application is granted, the respondent’s time to serve and file a brief is enlarged, and the respondent’s brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.By Rivera, J.P.; Hinds-Radix, Lasalle and Brathwaite Nelson, JJ.MATTER of Hope Prince, res, v. Robert Prince, ap — Appeal by Robert Prince from an order of the Family Court, Nassau County, dated October 23, 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 December 14, 2017, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Application by the appellant to withdraw the appeal.Now, upon the order to show cause and no papers having been filed in response thereto, and 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 to dismiss the appeal is denied; and it is furtherORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.RIVERA, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Hinds-Radix, Lasalle and Brathwaite Nelson, JJ.MATTER of Mayra C. (Anonymous). Administration for Childrens Services, petitioner- appellant; Adan C. (Anonymous) respondents- res — (Proceeding No. 1)MATTER of Daniela C. (Anonymous). Administration for Childrens Services, petitioner- appellant; Adan C. (Anonymous) respondents- res — (Proceeding No. 2)MATTER of Alma R. C. (Anonymous). Administration for Childrens Services, petitioner- appellant; Adan C. (Anonymous) respondents- res — (Proceeding No. 3)MATTER of Angel C. (Anonymous). Administration for Childrens Services, petitioner- appellant; Adan C. (Anonymous) respondents- res — (Proceeding No. 4)MATTER of Alexandra C. (Anonymous). Administration for Childrens Services, petitioner- appellant; Adan C. (Anonymous) respondents- res — (Proceeding No. 5) N-19537/15, N-19538/15) — Motion by the attorney for the children Mayra C. and Daniela C. to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Kings County, dated July 28, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the time for the attorney for the children Mayra C. and Daniela C. to serve and file a brief on the appeal is enlarged until May 16, 2018, and the brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.RIVERA, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Hinds-Radix, Lasalle and Brathwaite Nelson, JJ.Ahdy L. Attallah, ap, v. New York College of Osteopatheic Medicine res — Motion by the appellant for leave to serve and file a replacement brief on an appeal from an order of the Supreme Court, Nassau County, entered September 29, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied; and it is further,ORDERED that on the Court’s own motion, the respondents’ time to serve and file their respective briefs is enlarged until May 17, 2018, and the respondents’ briefs, if any, shall be served and filed on or before that date.RIVERA, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Cohen, Duffy and Lasalle, JJ.PEOPLE, etc., res, v. Nirun Honghirun, ap — Application by the appellant pro se for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated November 25, 2015, which was affirmed by the Court of Appeals on June 8, 2017 (People v. Honghirun, 133 AD3d 882, affd 29 NY3d 284), which determined an appeal from a judgment of the Supreme Court, Queens County, rendered June 7, 2012. Motion by the appellant’s former assigned counsel to vacate the judgment of conviction and dismiss the indictment, upon the appellant’s death on January 19, 2018.Upon the papers filed in support of the application and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the application is dismissed upon the ground that the application abated upon the appellant’s death (cf. Matter of Charles C.E., 129 AD3d 721); and it is further,ORDERED that the motion is denied (see People v. Marin, 88 NY2d 931).LEVENTHAL, J.P., COHEN, DUFFY and LASALLE, JJ., concur.William Roberts res, v. AMD Electric, Inc. appellants- res, All Wiring Electric, Inc., res-res — Application by the appellant AMD Electric, Inc., on appeals and a cross appeal from an order of the Supreme Court, Orange County, dated November 1, 2017, to withdraw its appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal by the appellant AMD Electric, Inc., is marked withdrawn.Daniel Livingston, res-ap, En-Consultants, Inc., appellant-res — Application by the respondent-appellant on an appeal and a cross appeal from an order of the Supreme Court, Suffolk County, dated October 12, 2017, to withdraw the 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 is marked withdrawn.Nadira Larosa, plf-res, v. CVS Pharmacy def-res, CVS Hillside Ave., LLC defendants third-party def-res, Lawnside Realty Corporation, defendant third-party plaintiff-appellant def — Appeal from an order of the Supreme Court, Queens County, dated January 27, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated April 10, 2018, it isORDERED that the appeal is marked withdrawn.John Bonanno, res, v. VTB Holdings, Inc., ap — Appeal from an order of the Supreme Court, Westchester County, dated September 1, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated April 10, 2018, it isORDERED that the appeal is marked withdrawn.Craig Haskins res, v. Daniel Brandt ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 29, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.MATTER of Floyd Manuel, deceased. Lois M. Rosenblatt, etc. petitioner-res, Abdul Wallace respondents-ap — Application by the respondents-appellants Kami Homes, Inc., and Iraj Delafraz on appeals from an order of the Supreme Court, Queens County, dated October 12, 2017, to withdraw their appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal by the respondents-appellants Kami Homes, Inc., and Iraj Delafraz is marked withdrawn.U.S. Bank National Association, etc., res, v. Nir Slepack, appellant def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 5, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.U.S. Bank National Association, etc., res, Nil Slepack, appellant def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 5, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.NYCTL 1998-2 Trust res, v. Bnos Bais Yaakov of Far Rockaway, appellant def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 21, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Suratiwjie Jeenarine, res, v. Queens General Hospital ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 14, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Maureen Alexander, res, v. David Borenstein ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 11, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Wo Qiang Lian appellants-res, v. Koon-Yip Glass Creation & Decoration Co., Inc., res-res — Application by the appellants-respondents on an appeal and a cross appeal from an order of the Supreme Court, Queens County, dated January 22, 2018, to withdraw the appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.John Lundy, res-ap, v. Lance Austein appellants- res, Servpro of Bullitt & North Nelson Counties, res — Application by the respondent-appellant on an appeal and a cross appeal, from an order of the Supreme Court, Richmond County, dated November 30, 2017, for leave to withdraw the cross appeal insofar as taken against Servpro of Bullitt & North Nelson Counties.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 insofar as taken against Servpro of Bullitt & North Nelson Counties, is deemed withdrawn.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Dannie Walton, plf-res, v. 1004 Montgomery Street Realty Corp., et al., def, 1004 Realty, LLC, appellant-res, Solid State Elevator Corp., res-ap, Affordable Housing Real Estate Corporation, def-res — Application by 1004 Realty, LLC, and Affordable Housing Real Estate Corporation pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated July 14, 2017. Separate application by Solid State Elevator Corp. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it isORDERED that the application by 1004 Realty, LLC, and Affordable Housing Real Estate Corporation is granted, the time of 1004 Realty, LLC, and Affordable Housing Real Estate Corporation to serve and file their brief is enlarged until April 20, 2018, and their brief shall be served and filed on or before that date; and it is further,ORDERED that so much of an order on application of this Court, entitled “[i]n the Matter of Applications for Extensions of Time” dated March 30, 2018, as extended the time of Solid State Elevator Corp. to serve and file a brief is recalled and vacated, the application of Solid State Elevator Corp. to enlarge the time to serve and file its brief is granted, and Solid State Elevator Corp. shall serve and file its brief on or before May 7, 2018.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Austin, J.P.; Roman, Cohen and Barros, JJ.Marty Holley, res, v. Centrome, Inc. def, Phoenix Aromas & Essential Oils Holdings, LLC, etc. ap — Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered January 16, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.AUSTIN, J.P., ROMAN, COHEN and BARROS, JJ., concur.By Mastro, J.P.; Balkin, Hinds-Radix and Iannacci, JJ.Myung Hwa Jang, res, v. George Mang, etc. defendants; Yuling Deng, etc., nonparty-ap — Motion by the appellant to stay the trial in the above-entitled action, now pending under Index No. 7011097/15, by order of the same Court entered March 29, 2016, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered March 15, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.
