By Roman, J.P.; Cohen, Miller and Maltese, JJ.PEOPLE, etc., res, v. Jaime Mendoza, ap — Motion by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered March 13, 2017, under S.C.I. No. 1767/17, for leave to prosecute that appeal as a poor person, and for the assignment of counsel. By decision and order on motion dated June 14, 2017, the appellant was granted leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 13, 2017, under Indictment No. 5387/16, as a poor person, and the following named attorney was assigned as counsel to prosecute that 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 no papers having been filed in opposition or in relation thereto, it isORDERED that on the Court’s own motion, the appeals are consolidated; and it is further,ORDERED that the branch of the motion which is for an extension of time to take an appeal from the judgment rendered under S.C.I. No. 1767/17 is denied as unnecessary as the notice of appeal was timely filed; and it is further,ORDERED that the branches of the motion which are for leave to prosecute the appeal from the judgment rendered under S.C.I. No. 1767/17, as a poor person and for the assignment of counsel are granted; 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 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 the action under S.C.I. No. 1767/17, 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 defendant’s sentencing under S.C.I. No. 1767/17, including the recommendation sheet and any prior reports on the defendant 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 the appeals, 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 from the judgment under S.C.I. No. 1767/17: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 appeals is enlarged; assigned counsel shall prosecute the appeals 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 appeals; 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 appeals are taken.ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Darren Devane, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered January 31, 2018, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed 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:Randa Maher14 Bond Street, Suite 389Great Neck, NY 11021and 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Deon Ewers, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered May 23, 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 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:Steven A. Feldman626 RXR PlazaWest Tower, 6th FloorUniondale, NY 11556and 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Tremaine Devore, ap — Motion by the appellant pro se for leave to prosecute appeals from four judgments of the Supreme Court, Nassau County, all rendered June 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 relation thereto, it isORDERED that the motion is granted; 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 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 appeals, 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 appeals:Martin Goldberg672 Dogwood Avenue, #183Franklin Square, NY 11010and it is further,ORDERED that the appellant’s time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals 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 appeals; 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 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 Genella Lintao, ap, v. Richard Delgado, res — Appeal by Genella Lintao from an order of the Family Court, Kings County, dated August 17, 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 appeal is enlarged until June 25, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Guadalupe Vidal Martinez, pet-res, v. Everado Isrrael Martinez, res — Appeals from two orders of the Family Court, Queens County, both dated November 15, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Lance Dandridge, dated May 8, 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:Helene Chowes401 Broadway, #203New York, NY 10013212-431-9550and 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 30, 2018, shall notify the Case Manager assigned to the appeals, in writing, that she 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 she has been unable to contact the 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 appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) 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 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 children, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the 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.MATTER of Donna Pitkanen, res, v. Ryan Huscher, ap — Appeal by Ryan Huscher from an order of the Family Court, Suffolk County, dated August 25, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on May 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.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Carol Martinez, res, v. Alfonso Gaddy, ap — Appeal by Alfonso Gaddy from an order of the Family Court, Westchester County, dated April 6, 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 order entered upon the consent of the appealing party (see CPLR 5511).SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.MATTER of Elena Olik, res, v. Miguel Veras, ap — Appeal by Miguel Veras from an order of the Family Court, Kings County, dated April 2, 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 order entered upon the default of the appealing party (see CPLR 5511).SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.MATTER of Dominick J-R. v. (Anonymous). Coalition for Hispanic Family Services, petitioner- res, Gianna v. F. (Anonymous), respondent- ap — Application by Gianna V. F. to withdraw an appeal from an order of the Family Court, Kings County, dated April 9, 2018.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.MATTER of Akilah A. (Anonymous). Administration for Childrens Services, petitioner-appellant; Bishme A. (Anonymous), et al., res-res — (Proceeding No. 1)MATTER of Jassir A. (Anonymous). Administration for Childrens Services, petitioner-appellant; Bishme A. (Anonymous), et al., res-res — (Proceeding No. 2) — Appeal by Administration for Children’s Services from an order of the Family Court, Queens County, dated August 9, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on May 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 attorneys for the children in the above-entitled appeal shall be served and filed.R. K., appellant-res, v. R. G., res-res — Appeal by R. K., and cross appeal by R. G., from an order of the Supreme Court, Westchester County, dated June 28, 2017. The appellant-respondent’s brief was filed in the office of the Clerk of this Court on May 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 brief for the respondent-appellant in the above-entitled appeal shall be served and filed.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.MATTER of Blanca Grand-Ries, res, v. Christopher Ries, ap — Appeal by Christopher Ries from an order of the Family Court, Westchester County, dated April 5, 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 4 (see Family Ct Act §1112), and leave to appeal has not been granted.SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.MATTER of Ryan L. (Anonymous). Nassau County Department of Social Services, petitioner-res, Carrie A. L. (Anonymous), res-res — (Proceeding No. 1)MATTER of Brandon L. (Anonymous). Nassau County Department of Social Services, petitioner-res, Carrie A. L. (Anonymous), res-res — (Proceeding No. 2) — Appeal by Carrie A. L. from an order of the Family Court, Nassau County, dated November 6, 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 June 11, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Dennis P.-A. (Anonymous), ap — Appeal by Dennis P.-A. from an order of the Family Court, Suffolk County, dated September 20, 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 June 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.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.MATTER of Mikhail Mezhishko, res, v. Mariana Mezhishko, ap — (Proceeding No. 1)MATTER of Mariana Mezhishko, ap, v. Mikhail Mezhishko, res — (Proceeding No. 2) — Appeals by Mariana Mezhishko from two orders of the Family Court, Richmond County, both dated April 18, 2018.On the Court’s own motion, it isORDERED that the appeal under Appellate Division Docket No. 2018-05059 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; and it is further,ORDERED that the appeal under Appellate Division Docket No. 2018-05061 is dismissed, without costs or disbursements, as no appeal lies from an order that is issued ex parte (see CPLR 5704; Family Ct Act §1112).SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.By Mastro, J.P.; Roman, Duffy and Brathwaite Nelson, JJ.Financial Freedom Acquisition, LLC, res, v. Linda C. Braunsberg, etc. ap, et al., def — 2017-03535Financial Freedom Acquisition, LLC, respondent,v Linda C. Braunsberg, etc. appellants,et al., defendants.(Index No. 41334/10) Financial Freedom Acquisition, LLC, respondent,v Linda C. Braunsberg, etc. appellants,et al., defendants.(Index No. 41334/10) Financial Freedom Acquisition, LLC, respondent,v Linda C. Braunsberg, etc. appellants,et al., defendants.(Index No. 41334/10) Financial Freedom Acquisition, LLC, respondent,v Linda C. Braunsberg, etc. defendants,Michael P. Braunsberg, etc., nonparty-appellant.(Index No. 41334/10) Motion to enlarge the time to perfect appeals from four orders of the Supreme Court, Suffolk County, dated July 27, 2015, August 17, 2015, April 11, 2017, and August 4, 2017, respectively, and a judgment of the same court dated July 27, 2015. By order to show cause dated April 12, 2018, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders dated July 27, 2015, August 17, 2015, April 11, 2017, and the judgment in the above-entitled action on the ground that Michael P. Braunsberg is not aggrieved by those orders and judgment or that Michael P. Braunsberg lacked the authority to file a notice of appeal on behalf of the individual defendants, except Linda C. Braunsberg.Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion to enlarge the time to perfect the appeals and the papers filed in opposition thereto, it isORDERED that the motion to dismiss the appeals is denied; and it is further,ORDERED that on the Court’s own motion, the notices of appeal from the orders dated July 27, 2015, August 17, 2015, April 11, 2017, and the judgment are deemed to also be filed on behalf of the individual defendants instead of Michael P. Braunsberg (see CPLR 2001; Matter of Tagliaferri v. Weiler, 1 NY3d 605); and it is further,ORDERED that the motion to enlarge the time to perfect the appeals is granted and the time to perfect the appeals is enlarged until June 14, 2018.MASTRO, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.By Mastro, J.P.; Roman, Duffy and Brathwaite Nelson, JJ.Matter of Nancy Scherer, ap, v. Town of Cortlandt res — Motion by the appellant to enjoin the respondent New York SMSA Limited Partnership, or anyone acting on its behalf, from taking any physical steps at the location of the proposed cellular telephone tower in furtherance of installation of the tower, pending hearing and determination of an appeal from a judgment of the Supreme Court, Westchester County, dated April 6, 2018. Separate motion by the appellant to strike the affidavit of Robert Breyer filed by the respondent New York SMSA Limited Partnership in opposition to her motion for an injunction and to strike any arguments by the respondent New York SMSA Limited Partnership in opposition to her motion concerning the availability of emergency services.Upon the papers filed in support of the motions and the papers filed in opposition thereto, it isORDERED that the motion for an injunction is granted and the respondent New York SMSA Limited Partnership, or anyone acting on its behalf, are enjoined from taking any physical steps, including site preparation and construction, at the location of the proposed cellular telephone tower in furtherance of installation of the tower pending hearing and determination of the appeal on condition that the appellant (1) perfect the appeal on or before June 14, 2018, and (2) post an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Westchester County, in a sum to be fixed by the Supreme Court, Westchester County, in terms that if the judgment appealed from, or any part of it, is affirmed, the surety will indemnify the respondent New York SMSA Limited Partnership if it is ultimately determined that the respondent New York SMSA Limited Partnership sustained a loss due to the injunction; and it is further,ORDERED that the matter is remitted to the Supreme Court, Westchester County, to fix the amount of the undertaking in accordance herewith; the appellant shall file the undertaking within 15 days after service upon it of a copy of the order of the Supreme Court, Westchester County, fixing the amount thereof; and it is further,ORDERED that in the event the appeal is not perfected on or before June 14, 2018, or the undertaking is not posted in accordance with this decision and order on motion, the Court, on its own motion, may vacate the injunction, without further notice, or the respondents may move to vacate the injunction, on three days notice; and it is further,ORDERED that the motion to strike the affidavit of Robert Breyer and certain arguments in opposition to the appellant’s motion for an injunction is denied.MASTRO, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Dennis Colon, ap — Appeal from an order of the Supreme Court, Kings County, dated March 30, 2017.On the Court’s own motion, it isORDERED that the appellant is directed to show cause before this Court why the appeal from the order dated March 30, 2017, should not be dismissed on the ground that the order is not appealable as of right (see CPL 450.10; 450.15), and leave to appeal has not been granted, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before June 15, 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 institutionalized, 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 Mastro, J.P.; Roman, Duffy and Brathwaite Nelson, JJ.MATTER of Jeffrey J. P. (Anonymous), Jr. Administration for Childrens Services, petitioner-res, Anna A. (Anonymous), res-res — (Proceeding No. 1)MATTER of Anthony M. (Anonymous), Jr. Administration for Childrens Services, petitioner-res, Anna A. (Anonymous), res-res — (Proceeding No. 2) — Motion by the respondent-appellant pro se for leave to serve and file a supplemental brief on an appeal from an order of the Family Court, Queens County, dated October 25, 2016.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 respondent-appellant shall file nine copies of the supplemental brief and serve one copy on each of the parties to the appeal on or before June 15, 2018; and it is further,ORDERED that the petitioner-respondent and the attorney for the children shall serve and file their respective briefs, if any, in response to the respondent-appellant’s pro se supplemental brief on or before July 20, 2018.MASTRO, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.By Mastro, J.P.; Roman, Duffy and Brathwaite Nelson, JJ.Deborah Benjamin, res, v. Edward Assad ap — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered April 27, 2017, on the ground that it has been rendered academic or, in the alternative, to enlarge the record to include certain documents and to enlarge the time to serve and file a brief. Separate motion by the respondent to enlarge the time to serve and file a brief. Application by the respondent 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 motion, inter alia, to dismiss the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion for an enlargement of time and in support of the application and no papers having filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,ORDERED that the branch of the motion which is to enlarge the record is denied; and it is further,ORDERED that the branch of the motion which is to enlarge the respondent’s time to serve and file a brief and the motion and the application for that relief are granted, the respondent’s time to serve and file a brief is enlarged until June 15, 2018, and the respondent’s brief shall be served and filed on or before that date.MASTRO, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.By Mastro, J.P.; Maltese, Lasalle and Christopher, JJ.PEOPLE, etc., res, v. Trevor Anderson, ap — Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, rendered January 3, 2012, which was determined by decision and order of this Court dated July 29, 2015.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., MALTESE, LASALLE and CHRISTOPHER, JJ., concur.By Mastro, J.P.; Roman, Duffy and Brathwaite Nelson, JJ.U.S. Bank National Association, etc., res, v. Veronica Grant def, Willis D. Grant, ap — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated November 14, 2017, on the ground that the order is not appealable as of right and leave to appeal has not been granted.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 5701).MASTRO, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.Marisol Miranda ap, v. Leone Realty, Inc. res — Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Rockland County, dated March 17, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.MATTER of Frosso Demetriou, deceased. Helen Aliano, petitioner-appellant; James Demetriou respondents- res — (File No. 359448) — Motion by the respondents-respondents to dismiss an appeal from an order of the Surrogate’s Court, Nassau County, dated February 13, 2018, on the ground that the order is not appealable as of right and leave to appeal has not been granted. Cross motion by the petitioner-appellant for leave to appeal to this Court from the order dated February 13, 2018.Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it isORDERED that the motion is denied as academic in light of the decision and order on motion of this Court dated March 29, 2018, which dismissed the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted; and it is further,ORDERED that the cross motion is denied.SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.PEOPLE, etc., res, v. Christopher Alacqua, ap — (S.C.I. No. 75/17) — Motion by the appellant’s assigned counsel on an appeal from a judgment of the Supreme Court, Queens County, rendered February 27, 2017, in effect, 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 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.SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.MATTER of Nouchie W. Vellon, pet, v. Commissioner, NYS DOCCS, res — Motion by the petitioner pro se for leave to prosecute a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Dutchess County, dated March 29, 2017, on the original papers and for leave to dispense with filing briefs.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 proceeding on the original papers is denied as unnecessary as leave was previously granted by decision and order on motion of this Court dated August 21, 2017; and it is further,ORDERED that the motion is otherwise denied; and it is further,ORDERED that on the Court’s own motion, the petitioner’s time to perfect the proceeding by causing the original papers constituting the record 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 is enlarged until July 16, 2018.SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.MATTER of Roger Cole, pet, v. Thomas Griffin, etc., res — Motion by the petitioner to preclude the respondent from filing a brief in a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Dutchess County, dated July 21, 2016.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 on condition that the respondent serve and file a brief on or before June 15, 2018.SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.Kathleen Duberry, res, v. CNM Analytics, Inc. ap, et al., def — Motion by the respondent, inter alia, for leave to serve and file a supplemental joint record on separate appeals from an order of the Supreme Court, Queens County, dated August 10, 2017, containing certain orders of the Supreme Court, Queens County, and to enlarge the time to serve and file a brief.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branches of the motion which are for leave to serve and file a supplemental joint record containing the order of the Supreme Court, Queens County, dated May 19, 2016, identified as Mot. Seq. 3 in the above-entitled action and to enlarge the time to serve and file a respondent’s brief are granted and on or before June 15, 2018, the respondent shall serve and file the supplemental record containing the order dated May 19, 2016, identified as Mot. Seq. 3, and the respondent’s brief; and it is further,ORDERED that the branch of the motion which is for leave to serve and file a supplemental joint record containing the orders of the Supreme Court, Queens County, dated May 19, 2016, identified as Mot. Seq. 4, and July 28, 2016, respectively, in the above-entitled action is denied as unnecessary as those orders are contained in the joint record; 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, res, v. Joel Fisher, ap — Motion by the appellant on an appeal from a determination at a SORA hearing of the Supreme Court, Kings County, which occurred on June 30, 2014, for poor person relief and for the assignment of counsel. By order to show cause dated March 7, 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 no appeal lies from a determination at a SORA hearing and the appellant’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 the appellant’s motion and the papers filed in opposition thereto, it isORDERED that on the Court’s own motion, the notice of appeal is deemed to be a premature notice of appeal from an order of the Supreme Court, Kings County, dated May 3, 2018, in the above-entitled matter (see CPLR 5520[c]); and it is further,ORDERED 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 as a poor person is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on appeal; 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 hearing held in connection with the order dated July 19, 2017, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant’s counsel, without charge (see CPLR 1102[b]); 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 the branch of the appellant’s motion which is to assign counsel is granted and 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 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 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 appellant 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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his 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 the filing fee is waived (see CPLR 1102[d]); 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., RIVERA, MILLER and LASALLE, JJ., concur.By Christopher, J.PEOPLE, etc., plf, v. Brian Dudley, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated May 15, 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 Miller, J.PEOPLE, etc., plf, v. Chris Oliva, 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 September 5, 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.Nina Star, ap, v. Anthony A. Vitale, et al., res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 13, 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.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Leslie Vazquez, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered February 15, 2018, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed 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:Walter J. Storey51 Old Minisink TrailGoshen, NY 10924and 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Chambers, J.PEOPLE, etc., plf, v. Nicholas De Jesus, 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 February 10, 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 Chambers, J.PEOPLE, etc., plf, v. Kevin Whyte, 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 2, 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.L.B., etc. res-ap, Mid-Island Y Jewish Community Center, Inc., appellant-res, Ricky Lewis res — Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 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.MATTER of Jose Dimas Salmeron, ap, v. Jocelyn B. Zelaya, res — Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated August 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.Benoj David, plf-ap, v. Jorge Byron, et al., defendants; Flomenhaft Law Firm, PLLC, nonparty-appellant; Finkelstein & Partners, LLP, nonparty-res — Application by the nonparty-appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated December 12, 2016.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 nonparty-appellant is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Eric M. M. (Anonymous), ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered December 5, 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 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:Christopher J. Cardinale158 Orange AvenueP.O. Box 367Walden, NY 12586and 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Benoj David, plf-ap, v. Jorge Byron defendants; Finkelstein & Partners, LLP, nonparty-res, Flomenhaft Law Firm, PLLC, nonparty-ap — Application by the nonparty-appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated December 19, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal by the nonparty-appellant is marked withdrawn.By Mastro, J.P.; Roman, Duffy and Brathwaite Nelson, JJ.C. C., ap, v. A. R., res — Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated February 5, 2018, pending hearing and determination of an appeal therefrom.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.MASTRO, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Duan L. Jones, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered January 30, 2018, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed 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:Brett BrogeP.O. Box 808140 Main StreetGoshen, NY 10924and 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Chambers, J.PEOPLE, etc., plf, v. Eddie Robinson, 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, Kings County, dated October 30, 2013, which was denied by me in a decision and order on application dated August 10, 2015.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.Richard C. Edelson plaintiffs- res, v. Robert A. Azud, defendant- res, Capitol Enterprises, Inc. ap, Green Mountain Concert Services, Inc., def — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated August 16, 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.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Dion Watson, ap — Motion by the appellant pro se for leave to prosecute an appeal from an amended judgment of the County Court, Orange County, rendered January 29, 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 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 hearing in connection with the violation of probation, 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 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 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 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:John F. X. Burke210 Main StreetP.O. Box 943Goshen, NY 10924and 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 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 order upon the Clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Richard C. Edelson plaintiffs- res, v. Robert A. Azud def-res, Capitol Enterprises, Inc., et al., ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated September 22, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Matthew E. Andrews Agency, Inc., ap, v. Michael Dokianos, respondent def — Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 17, 2017.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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of the Estate of Mary Amelia Hutchins Triestman, deceased. Edwin Triestman, ap, v. Todd Hutchins Egener res — Application by the appellant to withdraw an appeal from an order of the Surrogate’s Court, Westchester County, dated July 21, 2015.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.PEOPLE, etc., res, v. Tyahnjaii N. Legette, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered April 22, 2015, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed 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:Geoffrey E. Chanin152 Main StreetGoshen, NY 10924and 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Vasiliki Athanasopoulos res, v. Grade Fair Supermarket, Inc. ap — Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 28, 2016.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 deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Andrea M. Black, ap, Queensborough Community College res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 16, 2018.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Dwayne Wallace, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered February 1, 2018, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed 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:Mary Zugibe Raleigh27 Crystal Farm RoadWarwick, NY 10990and 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Christina Toussaint, res, v. Ocean Avenue Apartment Associates, LLC, et al., ap — Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 18, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated March 19, 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.Danielle Vallance, ap, v. Jolene Cleaners, Inc., res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated April 2, 2018.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.PEOPLE, etc., res, v. Pericles Cabrera, ap — Appeal from a judgment of the Supreme Court, Kings County, rendered March 6, 2017.Upon the stipulation of the appellant and the attorneys for the respective parties to the appeal dated April 30, 2018, it isORDERED that the appeal is marked withdrawn.PEOPLE, etc., res, v. Pericles Cabrera, ap — Appeal from a judgment of the Supreme Court, Kings County, rendered March 6, 2017.Upon the stipulation of the appellant and the attorneys for the respective parties to the appeal dated April 30, 2018, it isORDERED that the appeal is marked withdrawn.Nelson B. Zuluaga, etc. res, v. Peter Angelopoulos def, Winthrop University Hospital, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 16, 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.Earl Smith res, v. Eric Adam Sommer ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Putnam County, dated October 26, 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.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Michael E. Herskowitz, admitted as Michael Elliot Herskowitz, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Michael E. Herskowitz, res — (Attorney Registration No. 4276903) — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated May 14, 2018, in the above-entitled matter is amended by deleting from the first sentence of the first paragraph thereof the words “conviction of” and substituting therefor the words “conviction, upon his plea of guilty, on August 11, 2017, in the Supreme Court, Queens County, of conspiracy in the sixth degree, in violation of Penal Law §105.00, a class B misdemeanor,”.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
