By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Aleksandr Reynus, etc., ap, v. Jack G. Cangemi, res — Application by Aleksandr Reynus, as executor of the estate of Yefim Reynus, on an appeal from an order of the Supreme Court, Kings County, dated July 17, 2017, to be substituted for the deceased appellant Yefim Reynus, and to amend the caption accordingly.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, Aleksandr Reynus, as executor of the estate of Yefim Reynus, is substituted for the deceased appellant Yefim Reynus, and the caption is amended accordingly; and it is further,ORDERED that on the Court’s own motion, the appellant’s time to perfect the appeal is enlarged until August 20, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.MATTER of Kamryn C. (Anonymous). Administration for Childrens Services, petitioner-res, Pedro M. (Anonymous), res-res — (Proceeding No. 1)MATTER of Josiah B. M. (Anonymous). Administration for Childrens Services, petitioner-res, Pedro M. (Anonymous), res-res — (Proceeding No. 1) — Appeal by Pedro M. from an order of the Family Court, Kings County, dated April 9, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Mark Brandys, dated June 14, 2018, it isORDERED that the appellant is granted leave to proceed as a poor person on the appeal and the following named attorney is assigned as counsel to prosecute the appeal:Mark W. Brandys225 Broadway, Suite 1800New York, NY 10007ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that assigned counsel shall serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,ORDERED 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 order; and it is further,ORDERED that within 30 days after the date of this order, 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 transcripts have been received, and indicating the date received; or(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Joseph H. (Anonymous), ap, v. Westchester County Department of Social Services, etc., res — Appeal by Joseph H. from an order of the Family Court, Westchester County, dated October 25, 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 July 16, 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 Aliyah Hines, res, v. Peterson Jean Baptiste, ap — Appeal by Peterson Jean Baptiste from an order of the Family Court, Westchester County, dated January 23, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Helene Greenberg, dated June 14, 2018, it isORDERED that the appellant is granted leave to proceed as a poor person on the appeal and following named attorney is assigned as counsel to prosecute the appeal:Helene M. Greenberg45 Knollwood Road, Fifth FloorElmsford, NY 10523ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that assigned counsel shall serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,ORDERED 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 order; and it is further,ORDERED that within 30 days after the date of this order, 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 transcripts have been received, and indicating the date received; or(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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 order, 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Maltese and Iannacci, JJ.U.S. Bank National Association, etc., res, v. Khartoon Hack def, Mohamed Hack ap — 2018-05732U.S. Bank National Association, etc., respondent,v Khartoon Hack defendants, MohamedHack appellants.(Index No. 20222/08) Motion by the appellants to consolidate appeals from an order of the Supreme Court, Westchester County, entered March 12, 2018, and a judgment of the same court also entered March 12, 2018, and to stay the sale of the subject premises pending hearing and determination of the appeals.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 a stay is granted and the sale of the subject premises, located at 2 Halstead Avenue, Yonkers, New York, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before July 23, 2018; and it is further,ORDERED that in the event the appeals are not perfected on or before July 23, 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; and it is further,ORDERED that branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.By Scheinkman, P.J.MATTER of Maria R. O. (Anonymous). Forestdale, Inc., petitioner-res, Patrick M. (Anonymous), res-res — Appeal by Patrick M. from an order of the Family Court, Queens County, dated February 20, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Daniel M. Baauso, Esq., dated June 15, 2018, it isORDERED that the appellant is granted leave to proceed as a poor person on the appeal and the following named attorney is assigned as counsel to prosecute the appeal:Daniel M. Bauso155-03 Jamaica Avenue, Ste 3Jamaica, NY 11432ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that assigned counsel shall serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,ORDERED 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 order; and it is further,ORDERED that within 30 days after the date of this order, 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 transcripts have been received, and indicating the date received; or(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Gary A. Ballato ap, v. Kortney Ballato res — Appeal by Gary A. Ballato and Ellen C. Ballato from an order of the Family Court, Nassau County, dated March 16, 2018. By dated May 7, 2018, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the :(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there were such minutes, an affidavit or affirmation stating that the transcript was received, and indicating the date that it was received; or(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof, and the date by which the transcript was expected; or(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or(5) an affidavit or an affirmation withdrawing the appeal.The appellant has failed to comply with the . Pursuant to §670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]), it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the dated May 7, 2018, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before July 12, 2018; and it is further,ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.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 appeals is enlarged until July 23, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Mary Louie, ap, v. Ian Plissner, res — Appeals by Mary Louie from two orders of the Family Court, Richmond County, both dated August 10, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the appellant to serve and file a reply brief is enlarged until July 6, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Hyun Kyung Oh, etc., res, v. Sky View Management Holdings, LLC, et al., appellants def — Appeal from an order of the Supreme Court, Queens County, dated August 4, 2017.On the Court’s own motion, it isORDERED that Hyun Kyung Oh, as executor of the estate of Tae H. Oh, is substituted for the deceased respondent Tae H. Oh, and the caption is amended accordingly.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Mastro, J.P.; Cohen, Hinds-Radix and Iannacci, JJ.Pennymac Corp., res, v. Shahid Siddiqi, appellant def — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered May 11, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is enlarged until July 20, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.MASTRO, J.P., COHEN, HINDS-RADIX and IANNACCI, JJ., concur.MATTER of Jazmine P. (Anonymous), etc. Westchester County Department of Social Services, petitioner-res, Shay S. P.-T. (Anonymous), etc., respondent-appellant res — Appeal by Shay S. P.-T., from an order of the Family Court, Westchester County, dated March 30, 2018. 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 July 16, 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. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the child to serve and file a brief on the appeals is enlarged until July 18, 2018.By Scheinkman, P.J.; Mastro, Maltese and Iannacci, JJ.Kate Lei res, v. Master Works Building Developments, Inc., etc. def, Won T. Kim, etc. ap — Motion by the appellants Won T. Kim and Kim Architect, PLLC, to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated October 5, 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., MASTRO, MALTESE and IANNACCI, JJ., concur.By Scheinkman, P.J.; Mastro, Maltese and Iannacci, JJ.Deidre Rubin res-ap, v. Village of Larchmont, appellant-res — Motion by the appellant-respondent, inter alia, in effect, to confirm that an automatic stay of the trial in the above-entitled action is in effect pursuant to CPLR 5519(a)(1) pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Westchester County, dated April 24, 2018, and an appeal from a judgment of the same court entered April 26, 2018.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 the trial which was directed by the judgment appealed from is covered by the automatic stay of enforcement of the judgment pursuant to CPLR 5519(a)(1); and it is further,ORDERED that the motion is otherwise denied as academic.SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.By Scheinkman, P.J.; Mastro, Maltese and Iannacci, JJ.Gladys Bocanegra, res, v. Chest Realty Corporation, ap — Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 31, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.By Scheinkman, P.J.; Mastro, Maltese and Iannacci, JJ.Deutsche Bank Trust Company Americas, etc., res, v. Ellen Miller, ap, et al., def — Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Suffolk County, dated March 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 granted, and enforcement of the judgment is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 23, 2018; and it is further,ORDERED that in the event the appeal is not perfected on or before July 23, 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.SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.By Scheinkman, P.J.; Mastro, Maltese and Iannacci, JJ.Century 21 Fulton, LLC, appellant-res, v. Albee Development, LLC respondents- ap — Motion by the respondents-appellants to enlarge the time to serve and file a brief on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated November 30, 2017, and, in effect, to stay enforcement of the order pending hearing and determination of the appeal. Separate motion by the respondents-appellants to dismiss the appeal on the ground that it has been rendered academic. Cross motion by the appellant-respondent to direct that any extension of time granted to the respondents-appellants be marked final.Upon the papers filed in support of the motion to enlarge the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion to enlarge the time to serve and file a brief is granted, the respondent-appellant’s time to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until July 23, 2018, and the answering brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted; and it is further,ORDERED that the motion to dismiss the appeal is denied; and it is further,ORDERED that the cross motion is denied as unnecessary.SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.By Scheinkman, P.J.; Mastro, Maltese and Iannacci, JJ.U.S. Bank National Association, etc., res, v. Jose Penate def, Paula Cuellar-Penate, ap — Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Nassau County, entered September 5, 2017, and September 7, 2017, respectively, inter alia, on the ground that the appellant’s appendix is inadequate and for an award of costs, or, in the alternative, to enlarge the time to serve and file a brief.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent’s time to serve and file a brief is enlarged until July 23, 2018, and the respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that the motion is otherwise denied.SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.By Austin, J.P.; Sgroi, Miller and Christopher, JJ.Graphic Arts Mutual Insurance Company, ap, v. Pine Bush Central School District, et al., res — Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this Court dated March 9, 2018, which determined an appeal from an order of the Supreme Court, Orange County, dated October 15, 2015, and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal to the Court of Appeals. Cross motion by the respondent for leave to appeal to the Court of AppealsUpon 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.AUSTIN, J.P., SGROI, MILLER and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Hinds-Radix, Lasalle and Connolly, JJ.Robert Ardouin, res, v. Castel Simon, ap — Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, entered February 8, 2018, in effect, to amend so much of a decision and order on motion of this Court dated April 13, 2018, as conditioned a stay of the collection or turnover of any funds covering the amounts awarded in the judgment upon the perfection of the appeal on or before May 14, 2018.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 decision and order on motion of this Court dated April 13, 2018, is amended by deleting from the decretal paragraphs thereof the date “May 14, 2018,” and substituting therefor the date “July 12, 2018.”SCHEINKMAN, P.J., HINDS-RADIX, LASALLE and CONNOLLY, JJ., concur.By Scheinkman, P.J.; Mastro, Maltese and Iannacci, JJ.Carmine DePalma ap, v. Roundpoint Mortgage Servicing Corp., et al., res — Appeal by Carmine DePalma and Sharon Joan DePalma from an order of the Supreme Court, Westchester County, dated March 17, 2016. By order on application of this Court dated October 6, 2016, the appellants’ time to perfect the appeal was enlarged until December 5, 2016. The appellants have failed to perfect the appeal.Now, on the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of the Court.SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.By Scheinkman, P.J.; Mastro, Maltese and Iannacci, JJ.Carmine DePalma ap, v. Roundpoint Mortgage Servicing Corp., et al., def, Cooperfield Investments, LLC res — Appeal by Carmine DePalma and Sharon Joan DePalma from an order of the Supreme Court, Westchester County, dated May 31, 2017. By decision and order on motion of this Court dated March 23, 2018, the appellants’ time to perfect the appeal was enlarged until April 23, 2018. The appellants have failed to perfect the appeal.Now, on the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of the Court; and it is further,ORDERED that the motion by the respondent Goshen Mortgage, LLC, to dismiss the appeal on the ground that no appeal lies from an order denying reargument, which was previously held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof by the decision and order on motion of this Court dated March 23, 2018, is denied as academic.SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.By Scheinkman, P.J.; Mastro, Maltese and Iannacci, JJ.Asisus M. El, ap, v. State/City of NY res — Motion by the appellant, inter alia, for injunctive relief on an appeal from an order of the Supreme Court, Queens County, dated November 29, 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 on the Court’s own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order dated November 29, 2017, does not affect a substantial right (see CPLR 5701); and it is further,ORDERED that the motion is denied as academic.SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.By Balkin, J.P.; Leventhal, Miller and Maltese, JJ.Great Homes Group, LLC, ap, v. GMAC Mortgage, LLC, res, et al., def — Motion by the appellant, inter alia, to strike Point III of the respondent’s brief on an appeal from an order of the Supreme Court, Nassau County, dated May 9, 2017, and to enlarge the time to serve and file a reply brief. Cross motion by the respondent to enlarge the record to include certain material.Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is to strike Point III of the respondent’s brief is granted, and on or before July 11, 2018, the respondent shall remove the stricken material from the copies of the respondent’s brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material; and it is further,ORDERED that the branch of the motion which is to enlarge the appellant’s time to serve and file a reply brief is granted, the appellant’s time to serve and file a reply brief is enlarged until July 23, 2018, and the reply brief shall be served and filed on or before that date; and it is further,ORDERED that the motion is otherwise denied; and it is further,ORDERED that the cross motion is denied.BALKIN, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.By Balkin, J.P.; Leventhal, Miller and Maltese, JJ.Cynthia Settles, ap, v. Onewest Bank, FSB respondents def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Rockland County, entered February 2, 2017, for failure to comply with a decision and order on motion of this Court dated March 9, 2018, or, in the alternative, to direct the appellant to serve and file a second supplemental record in accordance with the decision and order on motion of this Court dated March 9, 2018, to enlarge the time to serve and file a brief, and for an award of costs and an attorney’s fee. Cross motion by the appellant, in effect, to extend the time to comply with the decision and order on motion of this Court dated March 9, 2018, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the second supplemental record on appeal, and to accept the second supplemental record annexed to the motion papers for filing. Separate motion by the appellant pro se to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal and the supplemental record on appeal.Upon the papers filed in support of the respondent’s motion and the cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the appellant’s motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the branches of the respondent’s motion which are to dismiss the appeal and for an award of costs and an attorney’s fee are denied; and it is further,ORDERED that the branch of the respondent’s motion which is to direct the appellant’s to serve and file a second supplemental record in accordance with the decision and order on motion of this Court dated March 9, 2018, and the branch of the cross motion which is, in effect, to extend the time to comply with the decision and order on motion of this Court dated March 9, 2018, are granted and on or before July 23, 2018, the appellant shall serve and file a second supplemental record which contains the affidavit of Cynthia Settles dated April 18, 2016, as well as Exhibits B, H and I annexed to the affidavit, and conforms with the rules of this Court; and it is further,ORDERED that the branch of the cross motion which is to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the second supplemental record on appeal and the appellant’s motion are denied with leave to renew by a motion made simultaneously with the filing of the second supplemental record; and it is further,ORDERED that the branch of the cross motion which is to accept the second supplemental record annexed to the motion papers for filing is denied; and it is further,ORDERED that the branch of the respondent’s motion which is to enlarge the respondents’ time to serve and file a brief is granted, the respondents’ time to serve and file a brief is enlarged until August 23, 2018, and the respondents’ brief shall be served and filed on or before that date.BALKIN, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.MATTER of Priscilla Rivera Banks, res, v. Anthony Deleon, ap — Appeal by Anthony Deleon from an order of the Family Court, Westchester County, dated March 15, 2018. By decision and order on certification of this Court dated June 5, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Carol Carozza2525 Palmer Avenue, 2nd FloorNew Rochelle, NY 10801914-235-1498By letter dated June 18, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcripts has not been received, an affidavit or affirmation stating that the order on certification of this Court dated June 5, 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 Balkin, J.P.; Leventhal, Miller and Maltese, JJ.JPMorgan Chase Bank, National Association, etc., res, v. Doina Almazon, etc., ap, et al., def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered September 21, 2017, on the ground that no appeal lies from an order entered upon the default of the appealing party.Upon the papers filed in support of the motion and 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 5511).BALKIN, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.By Mastro, J.P.; Austin, Miller and Connolly, JJ.Ramona Ciccone, res, v. John Paul Ciccone, ap — Motion by the respondent, inter alia, to recalendar an appeal from an order of the Supreme Court, Orange County, dated May 20, 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 dismissed for failure to provide proof of service of the motion in accordance with the terms of the order to show cause.MASTRO, J.P., AUSTIN, MILLER and CONNOLLY, JJ., concur.By Balkin, J.P.; Leventhal, Miller and Maltese, JJ.MATTER of Victoria Yankovoy, ap, v. Brian M. Finn, res — Appeal by Victoria Yankovoy from an order of the Family Court, Orange County, dated May 10, 2017. By dated May 1, 2018, the appellant’s time to perfect the appeal was enlarged until May 30, 2018. The appellant has failed to perfect the appeal.Now, on the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.4[a][2],[4]) and prior order of the Court.BALKIN, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.By Balkin, J.P.; Leventhal, Miller and Maltese, JJ.MATTER of Edith Giron, res, v. Jesus Giron, ap — V-15035-16) — Appeal by Jesus Giron from an order of the Family Court, Suffolk County, dated May 7, 2018.ORDERED that on the Court’s own motion, 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).BALKIN, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.By Balkin, J.P.; Leventhal, Miller and Maltese, JJ.MATTER of Jade N. B. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-res, Jayne L. M. (Anonymous), res-res — Appeal by Jayne L. M. from an order of the Family Court, Dutchess County, dated May 1, 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 Social Services Law §384- b (see Family Ct Act §1112; Matter of Sheldon D. G., 6 AD3d 613; see also Matter of Alyssa L. [Deborah K.], 93 AD3d 1083, 1084-1085), and leave to appeal has not been granted.BALKIN, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.
By Balkin, J.P.; Leventhal, Miller and Maltese, JJ.MATTER of Nicole Williams Sanchez, res, v. Scott Williams, ap — Appeal by Scott Williams from an order of the Family Court, Kings County, dated April 23, 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 proceedings pursuant to Family Court Act article 6, part 3 (see Family Ct Act §1112), and leave to appeal has not been granted.BALKIN, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.
