By Mastro, J.P.; Rivera, Austin and Lasalle, JJ.PEOPLE, res, v. Michael Worley, ap — Motion by counsel to be relieved of the assignment to prosecute an appeal from an order of the Supreme Court, Kings County, dated June 22, 2016, and for assignment of new counsel. By decision and order on motion of this Court dated September 27, 2016, the appellant’s motion for poor person relief and for the assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:Seymour W. James, Jr.The Legal Aid Society199 Water Street – 5th FloorNew York, New York 10038Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted, and assigned counsel is relieved of the assignment and is directed to turn over all papers in this 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that upon service of a copy of this order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with or considered by the trial court in connection with the appellant’s risk level determination, 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.MASTRO, J.P., RIVERA, AUSTIN and LASALLE, JJ., concur.By Dillon, J.P.; Roman, Hinds-Radix and Barros, JJ.Prompt Mortgage Providers of North America, LLC, res, v. Simon Zarour, ap, et al., def — Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this Court dated March 8, 2017, which determined an appeal from a judgment of the Supreme Court, Rockland County, dated July 20, 2015.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., ROMAN, HINDS-RADIX and BARROS, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.MATTER of Katherine Kearney, ap, v. John J. Kearney, Jr., res — V-11742-17/17A, V-11743-17/17A) — Appeal by Katherine Kearney from an order of the Family Court, Suffolk County, dated January 5, 2018. By order to show cause dated April 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 proceedings for failure to comply with a dated February 23, 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 February 23, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.MATTER of Justyna Katarzyna-Valva, ap, v. Michael Gerard Valva, res — Appeal by Justyna Katarzyna-Valva from an order of the Family Court, Nassau County, dated July 18, 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 decision and order on motion of this Court dated January 25, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal is denied; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing a brief on the appeal is enlarged until June 15, 2018.SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.By Leventhal, J.P.; Austin, Roman and Miller, JJ.PEOPLE, etc., res, v. Patrick Bowie, ap — Motion by the appellant pro se for leave to reargue his prior application 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 April 5, 2011 (People v. Bowie, 83 AD3d 729), affirming a judgment of the County Court, Orange County, rendered October 4, 2007. The prior application was determined by a decision and order of this Court dated December 6, 2017.Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it isORDERED that the motion is denied.LEVENTHAL, J.P., AUSTIN, ROMAN and MILLER, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.Elena Strujan, ap, v. Kaufman & Kahn, LLP res — Motion by the appellant pro se for a writ of error coram nobis in connection with appeals from two orders of the Supreme Court, Queens County, dated June 5, 2015, and June 8, 2015, respectively. Cross motion by the respondent Fiden & Norris, LLP, to direct the appellant to make further motions concerning this appeal by order to show cause.Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion and the cross motion are denied.SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Christopher Peloso, ap — Appeals from two orders of the County Court, Orange County, dated February 3, 2017, and April 18, 2017, respectively.On the Court’s own motion, it isORDERED that the decision, order and certificate of this Court dated May 3, 2018, in the above-entitled case is recalled and vacated; and it is further,ORDERED that the appellant is directed to show cause before this Court why the appeals should not be dismissed on the ground that the orders dated February 3, 2017, and April 18, 2017, are neither appealable as of right nor 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 June 18, 2018; and it is further,ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant at the appellant’s last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined, upon the attorney who last appeared for the appellant, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Connolly, J.PEOPLE, etc., res, GRANTING LEAVE TO APPEAL v. Christopher Peloso, ap — ON APPLICATION — 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 County Court, Orange County, dated March 5, 2018, 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 granted; the defendant is granted leave to appeal from the order of the County Court, Orange County, dated March 5, 2018, made in this case; and it is further,CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.Juan Acocal, appellant-res, v. City of Yonkers respondents- ap — Motion by the appellant-respondent to enlarge the record on an appeal and a cross appeal from an order of the Supreme Court, Westchester County, dated August 28, 2017, to include certain documents.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.SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.By Mastro, J.P.; Roman, Duffy and Brathwaite Nelson, JJ.MATTER of Oliver A. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant-res, Oguis A.-D. (Anonymous), respondent- res-res — (Proceeding No. 1)MATTER of Walgely A. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant-res, Oguis A.-D. (Anonymous), respondent- res-res — (Proceeding No. 2) — Motion by Suffolk County Department of Social Services on an appeal and cross appeal from an order of the Family Court, Suffolk County, dated October 13, 2017, to dismiss the cross appeal 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 granted and the cross appeal is dismissed, without costs or disbursements (see Family Ct Act §1113).MASTRO, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.MATTER of Eliyahu C. Poltorak, res, v. Bella Poltorak, ap — (Proceeding No. 1)MATTER of Bella Poltorak, ap, v. Eliyahu C. Poltorak, res — (Proceeding No. 2) V-12525-17, V-24393-17, V-26509-17) — Appeals by Bella Poltorak from three orders of the Family Court, Kings County, dated September 19, 2017, September 20, 2017, and October 11, 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 time for the attorney for the child Menachem P. to serve and file a brief on the appeal is enlarged until June 13, 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 — Appeals by Shay S. P., a/k/a Shay S. T., from three orders of the Family Court, Westchester County, two dated October 31, 2017, and one dated March 6, 2018, and a separate appeal by Peter T., from one of the orders dated October 31, 2017. The appellants’ briefs were filed in the office of the Clerk of this Court on April 17, 2018, and May 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 briefs for the petitioner-respondent and the attorney for the child in the above-entitled appeals shall be served and filed.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Moises Rodriguez II, res, v. Dominika Joanna Radetzki, ap — Appeal by Dominika Joanna Radetzki from an order of the Family Court, Queens County, dated April 24, 2018.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 6, part 3 (see Family Ct Act §1112), and leave to appeal has not been granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.Grace Hilt, etc., appellant-res, v. Adam Carpentieri, etc. res, Joseph S. Reiss respondents-ap — 2017-10251Grace Hilt, etc., respondent,v Adam Carpentieri, etc.defendants-respondents, Joseph S.Reiss appellants.(Index No. 10589/11) Motion by Grace Hilt on an appeal and a cross appeal from an order of the Supreme Court, Nassau County, entered May 3, 2017, to enlarge the time to perfect her appeal. Separate motion by Joseph S. Reiss and Joseph S. Reiss, M.D., P.C., to enlarge the time to perfect the cross appeal and to consolidate the appeal and cross appeal from the order entered May 3, 2017, with an appeal from an order of the same court entered August 29, 2017, or, in the alternative, to calendar the appeals together. Application by Joseph S. Reiss and Joseph S. Reiss, M.D., P.C., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order entered August 29, 2017.Upon the papers filed in support of the motion by Grace Hilt and the papers filed in relation thereto, upon the papers filed in support of the motion by Joseph S. Reiss and Joseph S. Reiss, M.D., P.C., and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is to consolidate the appeal and cross appeal from the order entered May 3, 2017, with the appeal from the order entered August 29, 2017, is granted; and it is further,ORDERED that the motion by Grace Hilt, the branch of the motion by Joseph S. Reiss and Joseph S. Reiss, M.D., P.C., which is to enlarge the time to perfect the cross appeal, and the application are granted, Grace Hilt, shall serve and file a joint record or appendix (see 22 NYCRR 670.8[c][1]) and a brief containing their points of argument in connection with the two orders, on or before June 15, 2018, and Grace Hilt shall serve and file an answering brief, including her points of argument in connection with the order entered May 3, 2017, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,ORDERED that the motion by Joseph S. Reiss and Joseph S. Reiss, M.D., P.C., is otherwise denied.SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.MATTER of Joseph Z. (Anonymous). Administration for Childrens Services, petitioner- res, Yola L.- Z. (Anonymous), respondent- appellant res — Appeal by Yola L.- Z. from an order of the Family Court, Kings County, dated March 14, 2018. By order on certification of this Court dated April 16, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Melissa Chernosky155-03 Jamaica AvenueJamaica, New York 11432516-736-5935By letter dated May 14, 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.By Chambers, J.P.; Sgroi, Miller and Barros, JJ.PEOPLE, etc., res, v. Luis E. Sanchez, ap — Motion by the appellant for leave to reargue his application 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 12, 2014 (People v. Sanchez, 122 AD3d 778), affirming a judgment of the County Court, Suffolk County, rendered June 29, 2012. The prior application was determined by decision and order of this Court dated December 13, 2017.Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., SGROI, MILLER and BARROS, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.PEOPLE, etc., res, v. Derrick Teaque, ap — Motion by the appellant pro se to be provided with certain material to aid in the preparation of his supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 1, 2016.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 be provided with suppression motions and grand jury minutes is denied without prejudice to renew upon proper papers specifying the issues to be raised; and it is further,ORDERED that the motion is otherwise denied.SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.PEOPLE, etc., res, v. Julio Perez, ap — Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 20, 2014.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted and the pro se supplemental brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.By Mastro, J.P.; Roman, Duffy and Brathwaite Nelson, JJ.U.S. Bank National Assocation, etc., res, v. Urceline Ellis appellants def — Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated August 22, 2017, as untimely taken. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,ORDERED that the application is denied as academic.MASTRO, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.By Mastro, J.P.; Roman, Duffy and Brathwaite Nelson, JJ.U.S. Bank National Association, etc., res, v. Estate of Michael Foley, etc. def, Teresa Foley, etc., ap — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated May 11, 2017, for failure to timely perfect.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).MASTRO, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.By Mastro, J.P.; Roman, Duffy and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Keith Meyn, ap — Motion by the respondent to strike stated portions of the appellant’s brief on an appeal from a judgment of the County Court, Suffolk County, rendered August 31, 2017, on the ground that they refer to matter dehors the record.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that decision and order on application of this Court dated May 10, 2018, is amended by deleting from the first paragraph thereof the words “Supreme Court” and substituting therefor the words “County Court”; and it is further,ORDERED that the motion is denied as academic in light of the decision and order on application of this Court dated May 10, 2018, which granted the appellant’s application to withdraw the appeal and deemed the appeal withdrawn.MASTRO, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.By Mastro, J.P.; Roman, Duffy and Brathwaite Nelson, JJ.Kristin Jung, ap, v. David Glover res — Motion by the appellant, in effect, to consolidate appeals from two orders of the Supreme Court, Queens County, dated July 10, 2017, and December 14, 2017, respectively, and to withdraw so much of her brief as raises arguments concerning the dismissal of the affirmative defenses concerning comparative negligence.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 record and briefs filed in connection with the order dated July 10, 2017, are deemed to be filed in connection with the order dated December 14, 2017, the portion of the appellant’s brief which raises arguments concerning the dismissal of the affirmative defenses concerning comparative negligence is deemed stricken, and on or before June 18, 2018, the appellant shall serve and file a supplemental record containing the order dated December 14, 2017, the notice of appeal from that order, and the papers filed in connection with the order dated December 14, 2017, that are not contained in the record filed in connection with the appeal from the order dated July 10, 2017.MASTRO, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Ronald Bennett, res, v. Blake Electronic Contracting Co., Inc., et al., ap — Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 27, 2016.Upon the stipulation of the attorneys for the respective parties to the appeal dated April 26, 2018, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Flora Dzhanashia, ap, v. 159 Bay Realty, LLC, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 15, 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.Zoya Pilosova-Gilkarov, ap, v. City of New York, def, Boro Park Estates VII res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 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.Dora Melgar res, v. PV Holding Corp., def, Paul Floyd Jacob, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 22, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.U.S. Bank N.A., etc., res, v. Fenol Hilarion appellants def — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 31, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Emma Massari, ap, v. Michael Massari, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 6, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Luis Alfredo Martir, res, v. East 106th St. Realty Development Corp., respondent- ap, Rapid Construction and Renovation of NY, Inc., appellant-res — Application by the appellant-respondent on an appeal and a cross appeal from an order of the Supreme Court, Queens County, dated December 7, 2017, to withdraw the appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Jonathan May, res, v. Patricia May, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 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.Blue Ledges R.E., Inc., res, v. Patricia Anton ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated August 7, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Dillon, Cohen and Christopher, JJ.MATTER of Kenneth L. Stein res, v. Town of New Castle ap — Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 15, 2016.Upon the stipulation of the attorneys for the respective parties to the appeal dated May 10, 2018, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., DILLON, COHEN and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Austin, Hinds-Radix and Connolly, JJ.Tyess Crespo, ap, v. 252 Bleecker Owner, LLC def — Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 22, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated May 11, 2018, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.BALKIN, J.P., AUSTIN, HINDS-RADIX and CONNOLLY, JJ., concur.PEOPLE, etc., res, v. Keinone Wilson, ap — (S.C.I. No. 3840/16) — Appeal from a judgment of the Supreme Court, Kings County, rendered May 13, 2016.Upon the stipulation of the attorneys for the respective parties to the appeal dated May 3, 2018, it isORDERED that the appeal is marked withdrawn.By Balkin, J.P.; Austin, Hinds-Radix and Connolly, JJ.Martha Ibis-Blake, etc. ap, v. Food City Markets, Inc., def-res, Syracuse Leasing, LLC defendants third-party/ second third-party plf-res, Paragon Building Restoration, LLC defendants third-party def-res, Gem Construction and Restoration Corp., defendant second third-party def-res — 2018-00635Martha Ibis-Blake, etc. appellants,v Food City Markets, Inc., defendant-respondent,Syracuse Leasing, LLC defendants third-party/second third-party plaintiffs-respondents,Paragon Building Restoration, LLC defendantsthird-party defendants-respondents, Gem Constructionand Restoration Corp., defendant second third-partydefendant-respondent.(Index No. 80/12) Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, entered April 10, 2017, and November 15, 2017, respectively.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 CONNOLLY, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Pedro Jimenez plf-res, v. Steinman Technology AG, ap, Can-Am Packaging Equipment Corp., defendant-respondent def — Application to withdraw appeals from two orders of the Supreme Court, Queens County, dated April 11, 2017, and September 5, 2017, respectively.Upon the stipulation of the attorneys for the respective parties to the appeals dated May 4, 2018, it isORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of April M. B. (Anonymous), appellant- child. Westchester County Department of Social Services, petitioner-res, Phyllis B. (Anonymous), et al., respondents-ap — N-509-17) — Appeal by April M. B., and separate appeal by Phyllis B. and Jimmy B., from an order of the Family Court, Rockland County, dated November 24, 2017. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that Phyllis B. and Jimmy B. shall perfect their appeal within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family Court, and shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , Phyllis B. and Jimmy B 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 they are indigent and cannot afford to obtain the minutes or perfect their appeal, a motion in this Court for leave to prosecute their appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by their affidavits, stating either that they qualified for assigned counsel upon application to the Family Court and that their financial status has not changed since that time, or that they had retained counsel or appeared pro se in the Family Court, and listing their assets and income; or(5) an affidavit or an affirmation withdrawing their appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeal by Phyllis B. and Jimmy B should or should not be dismissed.By Balkin, J.P.; Austin, Hinds-Radix and Connolly, JJ.Santander Bank, National Association, etc., res, v. Howard Feiner, ap, et al., def — Motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered August 4, 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 CONNOLLY, JJ., concur.By Balkin, J.P.; Austin, Hinds-Radix and Connolly, JJ.State Farm Fire & Casualty Co. res, v. David Waknin ap — Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 3, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied.BALKIN, J.P., AUSTIN, HINDS-RADIX and CONNOLLY, JJ., concur.By Balkin, J.P.; Austin, Hinds-Radix and Connolly, JJ.Afmat Wazadally, plf, v. Simon Property Group, Inc., def-ap, Chipotle Mexican Grill, Inc. res, Retail Property Trust, nonparty-appellant (and a third-party action). — Motion by the defendant-appellant and nonparty-appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated February 8, 2017.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is denied.BALKIN, J.P., AUSTIN, HINDS-RADIX and CONNOLLY, JJ., concur.By Balkin, J.P.; Austin, Hinds-Radix and Connolly, JJ.MATTER of Christina Araya, res, v. Richard Monzone, ap — Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated May 1, 2017, as a poor person and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.BALKIN, J.P., AUSTIN, HINDS-RADIX and CONNOLLY, JJ., concur.By Balkin, J.P.; Austin, Hinds-Radix and Connolly, JJ.Pennymac Corp., res, v. Danielle Liguori Bongiovanni def, Sebastian Bongiovanni, appellant; Allen Cappelli nonparty-res — 2017-11567Pennymac Corp., respondent, v. DanielleLiguori Bongiovanni defendants,Sebastian Bongiovanni, appellant; AllenCappelli nonparty-respondents.(Index No. 135011/16) Motion by the appellant pro se to stay enforcement of two orders of the Supreme Court, Richmond County, dated March 28, 2017, and September 4, 2017, respectively, pending hearing and determination of appeals therefrom, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant’s appendix, and to waive compliance with 22 NYCRR 670.10.1(c), 670.10.2(c)(1)(I), and 670.10.3(c).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 waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant’s appendix is denied with leave to renew by a motion made simultaneously with the filing of a proper appendix which conforms with the rules of this Court; and it is further,ORDERED that the motion is otherwise denied; and it is further,ORDERED that on the Court’s own motion, the time to perfect the appeals is enlarged until June 15, 2018.BALKIN, J.P., AUSTIN, HINDS-RADIX and CONNOLLY, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Jennifer Chimienti, res, v. Nicole Perperis, ap — V-11318-17, V-11319-17) — On the Court’s own motion, it isORDERED that the order on certification of this Court dated April 30, 2018, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:Appeal by Nicole Perperis from an order of the Family Court, Nassau County, dated March 5, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Ellen S. Pollack, dated April 4, 2018, it isORDERED that pursuant to Family Court Act §1120, the following named attorney is assigned as the attorney for the children on the appeal:Marjorie Adler1225 Franklin Avenue, Suite 325Garden City, New York 11530516-561-2877and it is further,ORDERED that Ellen S. Pollack, is directed to turn over all papers in the proceeding to the new attorney for the children herein assigned.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Balkin, J.P.; Leventhal, Austin and Hinds-Radix, JJ.MATTER of Rachel Friedman, ap, v. Avinash Karnani, def — Motion by Rachel Friedman for leave to appeal to this Court from an order of the Family Court, Kings County, dated April 5, 2018, and to stay enforcement of the order, pending hearing and determination of the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,ORDERED that on the Court’s own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,ORDERED that the motion is otherwise denied as academic.BALKIN, J.P., LEVENTHAL, AUSTIN and HINDS-RADIX, JJ., concur.By Balkin, J.P.; Austin, Hinds-Radix and Connolly, JJ.Bank of New York Mellon, etc., res, v. Roger Deloney, appellant def — Motion by the appellant, inter alia, to stay enforcement of a judgment of the Supreme Court, Kings County, dated February 13, 2018, and to stay the sale of the subject premises, pending hearing and determination of an appeal from the judgment.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted to the extent that enforcement of the judgment and the sale of the subject premises are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 18, 2018, and the motion is otherwise denied; and it is further,ORDERED that in the event the appeal is not perfected on or before June 18, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.BALKIN, J.P., AUSTIN, HINDS-RADIX and CONNOLLY, JJ., concur.By Dillon, J.P.; Leventhal, Connolly and Brathwaite Nelson, JJ.U.S. Bank National Association, etc., res, v. Camille Parisi, appellant def — Appeal from an order of the Supreme Court, Westchester County, dated June 8, 2017. By decision and order on motion of this Court dated January 8, 2018, as amended 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 right of direct appeal from the order terminated with entry of the final judgment of the Supreme Court, Westchester County, dated November 2, 2017.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 Matter of Aho, 39 NY2d 241).DILLON, J.P., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
Order on Application released on:May 17, 2018
