By Chambers, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.US Bank, NA, plf-res, v. Michelle Y. Riviere def, Victoria Koyle, appellant; Welcome to New Home, LLC, intervenor-res — Motion by the appellant to stay a certain holdover eviction proceeding pending in the First District Court, Nassau County, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered May 4, 2017. Separate motion by Welcome to New Home, LLC, for leave to intervene as a respondent on the appeal and to dismiss the appeal as untimely taken.Upon the papers filed in support of the motions and the papers filed in opposition thereto, it isORDERED that the motion by Welcome to New Home, LLC, is granted, the caption is amended accordingly, and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,ORDERED that the motion by the appellant is denied as academic.CHAMBERS, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.MATTER of Naturel W. E. (Anonymous), etc. Little Flower Children and Family Services of New York, petitioner-res, Andre C. (Anonymous), etc., res-ap, Jessica M. (Anonymous), res-res — (Appeal No. 1)MATTER of Allah S. C.-E. (Anonymous), etc. Little Flower Children and Family Services of New York, petitioner-res, Andre C. (Anonymous), etc., res-ap, Jessica M. (Anonymous), res-res — (Appeal No. 2)MATTER of Harmony M. E. (Anonymous), etc. Little Flower Children and Family Services of New York, petitioner-res, Andre C. (Anonymous), etc., res-ap, Jessica M. (Anonymous), res-res — (Appeal No. 3)MATTER of Baby Girl C. (Anonymous),, etc. Little Flower Children and Family Services of New York, petitioner-res, Andre C. (Anonymous), etc., res-ap, Jessica M. (Anonymous), res-res — (Appeal No. 4) B-23130-12, B-24585-08) — Appeals by Andre C. from four orders of the Family Court, Queens County, all dated April 20, 2018 (one as to each child). Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this Court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or(5) an affidavit or an affirmation withdrawing the appeals; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
By Balkin, J.P.; Leventhal, Miller and Maltese, JJ.Paul Cantalupo plf-res, v. Arco Plumbing & Heating, Inc., def, Johnson Controls, Inc., def-res, Chase Manhattan Bank, N.A., etc., defendant third-party/second third-party plaintiff-appellant; Cushman & Wakefield, Inc., third-party defendant; York International Corporation, second third-party def-res — Motion by the defendant third-party/second third-party plaintiff-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 January 8, 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 trial in the above-entitled action is stayed pending hearing and determination of the appeal.BALKIN, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.MATTER of Mario Montanez, ap, v. Dara Tompkinson, res — Appeal by Mario Montanez from an order of the Family Court, Kings County, dated February 26, 2018. The appellant’s brief was filed in the office of the Clerk of this Court on June 18, 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 , the briefs for the respondent and the attorney for the child in the above-entitled appeal shall be served and filed.
