Appellate Division, Second Department:July 27, 2018

Motion List released on:July 27, 2018

By Scheinkman, P.J.; Cohen, Barros and Brathwaite Nelson, JJ.MATTER of Charles Rochester, ap, v. New York State Division of Human Rights, et al., res — Motion by the appellant, inter alia, to enlarge the record on an appeal from an order of the Supreme Court, Queens County, dated November 6, 2017, to include certain documents, for poor person relief, and, in effect, to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the branch of the motion which is, in effect, to enlarge the time to perfect the appeal is granted and the time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]), and by serving and filing a brief on the appeal is enlarged until September 12, 2018; and it is further,ORDERED that the motion is otherwise denied.SCHEINKMAN, P.J., COHEN, BARROS and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Cohen, Barros and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Lamont Smith, ap — Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered December 18, 2014, and to be furnished with copies of the typewritten transcripts of the proceedings, if any.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 District Attorney shall file the transcripts of the proceedings, if any, and the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further,ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.Upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed.SCHEINKMAN, P.J., COHEN, BARROS and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Cohen, Barros and Brathwaite Nelson, JJ.MATTER of Tamaiyah McKnight, etc., ap, v. City of New York res — Motion by the appellant, in effect, to recall and vacate so much of a decision and order on motion of this Court, entitled “MATTER of the Dismissal of Causes for Failure to Perfect – July 2013 Calendar,” dated August 5, 2013, as dismissed an appeal from an order of the Supreme Court, Kings County, dated October 5, 2012, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, and to reinstate the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.SCHEINKMAN, P.J., COHEN, BARROS and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Cohen, Barros and Brathwaite Nelson, JJ.MATTER of Vincent Ballschmieder, deceased. Charles J. Ballschmieder, petitioner-res, Jeffrey Ballschmieder objectants-ap — (File No. 438/12) — Motion by the respondent to dismiss an appeal from a decree of the Surrogate’s Court, Richmond County, dated April 11, 2016, insofar as taken by the appellant Jeffrey Ballschmieder, for failure to timely perfect.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, and the appeal insofar as taken by the appellant Jeffrey Ballschmieder is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).SCHEINKMAN, P.J., COHEN, BARROS and BRATHWAITE NELSON, JJ., concur.By Chambers, J.P.; Sgroi, Duffy and Iannacci, JJ.Wells Fargo Bank, N.A., etc., res, v. Ben Tagliarini, etc., appellant def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated June 29, 2017, for failure to timely perfect.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.By Scheinkman, P.J.; Leventhal, Austin and Duffy, JJ.PEOPLE, etc., res, v. Dawson Coleman, ap — Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 8, 2015, and to be furnished with copies of the typewritten transcripts of the proceedings, if any.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 District Attorney shall file the transcripts of the proceedings, if any, and the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further,ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.Upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed.SCHEINKMAN, P.J., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.By Balkin, J.P.; Roman, Sgroi and Maltese, JJ.PEOPLE, etc., respondent v. Timothy Griffin, ap — Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from two judgments of the Supreme Court, Westchester County, both rendered September 8, 2015, and to be furnished with copies of the typewritten transcripts of the proceedings, if any.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the District Attorney shall file the transcripts of the proceedings, if any, and the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further,ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.Upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed.BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.By Scheinkman, P.J.; Leventhal, Lasalle and Brathwaite Nelson, JJ.MATTER of Deborah D. (Anonymous). Administration for Childrens Services, petitioner- res, Elliot D. (Anonymous), respondent- ap — MATTER of Isaac D. (Anonymous). Administration for Childrens Services, petitioner- res, Elliot D. (Anonymous), respondent- ap — Appeals by Elliot D. from two orders of the Family Court, Kings County, dated October 24, 2017, and January 12, 2018, 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 petitioner-respondent to serve and file a brief on the appeals is enlarged until August 23, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., LEVENTHAL, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Miller, JJ.Reverse Mortgage Solutions, Inc., plaintiff- ap, v. Clarence M. Fisher, Jr. def, Unknown Heirs of Catherine C. Jones, res, RAS Boriskin, P.C. nonparty-ap — Appeal from an order of the Supreme Court, Queens County, dated April 2, 2018. By decision and order on motion dated May 22, 2018, this Court, inter alia, stayed enforcement of the order pending hearing and determination of the appeal from the order on condition that the appeal was perfected on or before June 21, 2018. The appeal has not been perfected.Now, on the Court’s own motion, it isORDERED that the stay granted by the decision and order on motion dated May 22, 2018, is vacated forthwith.SCHEINKMAN, P.J., BALKIN, AUSTIN and MILLER, JJ., concur.By Chambers, J.P.; Sgroi, Duffy and Iannacci, JJ.David Fowler, appellant plf, v. Indymac Bank, FSB, res — Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated March 28, 2018, for poor person relief, including leave to prosecute the appeal on the original papers, and to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on appeal.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the branch of the motion which is for poor person relief, including leave to prosecute the appeal on the original papers, is denied; and it is further,ORDERED that the branch of the motion which is to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on the appeal is denied with leave to renew upon motion made simultaneously with the perfection of the appeal.CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.By Chambers, J.P.; Sgroi, Duffy and Iannacci, JJ.Arthur Blake, ap, v. The City of New York, res — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 27, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied; and it is further,ORDERED that on the Court’s own motion, 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 this Court.CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.By Chambers, J.P.; Sgroi, Duffy and Iannacci, JJ.Citimortgage, Inc., res, v. Charles MacPherson, ap, et al., def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated November 10, 2016, as untimely taken or, in the alternative, to enlarge the time to serve and file a brief.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 to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,ORDERED that the motion is otherwise denied as academic.CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.By Scheinkman, P.J.; Leventhal, Cohen and Duffy, JJ.Myriam Davila, etc. plf-res, v. Kathleen Camarda defendants third- party plaintiffs-appellants-res, Town of Oyster Bay def-res, Long Island Power Authority, defendant second third-party plaintiff-respondent-appellant; Gianinni Landscaping, Inc., third-party/second third-party def-res — Motion by the defendants third-party plaintiffs-appellants-respondents to enlarge the time to perfect an appeal and a cross appeal from an order of the Supreme Court, Nassau County, entered November 30, 2017. Application by the defendant second third-party plaintiff-respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal and cross appeal.Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion and the application are granted; and it is further,ORDERED that the time to perfect the appeal is enlarged until September 25, 2018, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and the defendants third-party plaintiffs-appellants-respondents’ brief shall be served and filed on or before that date; and it is further,ORDERED that the defendant second third-party plaintiff-respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).SCHEINKMAN, P.J., LEVENTHAL, COHEN and DUFFY, JJ., concur.By Scheinkman, P.J.; Leventhal, Lasalle and Brathwaite Nelson, JJ.MATTER of Deborah D. (Anonymous). Administration for Childrens Services, petitioner- res, Elliot D. (Anonymous), respondent- ap — MATTER of Isaac D. (Anonymous). Administration for Childrens Services, petitioner- res, Elliot D. (Anonymous), respondent- ap — Appeals by Elliot D. from two orders of the Family Court, Kings County, dated October 24, 2017, and January 12, 2018, 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 children to serve and file a brief on the appeals is enlarged until August 23, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., LEVENTHAL, LASALLE and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Leventhal, Lasalle and Iannacci, JJ.Joe Jackson, etc. ap, v. Brentwood Union Free School District, respondent def — Motion by the appellants to deem a notice of appeal from an order of the Supreme Court, Suffolk County, dated November 6, 2017, to be a premature notice of appeal from a judgment of the same court entered December 11, 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 notice of appeal from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,ORDERED that the motion is denied as academic.DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.By Dillon, J.P.; Miller, Barros and Christopher, JJ.Ada Oparaji plf, v. Citibank, N.A. def — (Appellate Term Docket No. 2014-2359QC; Civil Court Index No. 3334/11) — Motion by the plaintiff Maurice Oparaji, inter alia, for leave to reargue the plaintiffs’ prior motion, which was determined by decision and order on motion of this Court dated March 15, 2018. The decision and order on motion dated March 15, 2018, denied the plaintiffs’ motion, among other things, for leave to reargue their motion, inter alia, for leave to appeal to this Court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated September 28, 2017, which determined his motion, inter alia, for leave to reargue appeals from three orders of the Civil Court of the City of New York, Queens County, entered August 18, 2014, November 28, 2014, and April 27, 2015, respectively.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.DILLON, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.By Dillon, J.P.; Leventhal, Lasalle and Iannacci, JJ.MATTER of Michael C. Belmontes, res, v. Jasmin S. Harding, ap — (Proceeding No. 1)MATTER of Jasmin S. Harding, ap, v. Michael C. Belmontes, res — (Proceeding No. 2) V-5294-15, V-5295-16, V-5296-16) — Appeal by Jasmin S. Harding from an order of the Family Court, Nassau County, dated March 6, 2018. By order to show cause dated June 11, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a   dated April 25, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).Now, upon the order to show cause and no papers having been filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the   dated April 25, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.By Dillon, J.P.; Leventhal, Lasalle and Iannacci, JJ.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 order to show cause dated June 21, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a   dated May 7, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Application by the appellant to withdraw the appeal.Now, upon the order to show cause and no papers having been filed in response thereto, and 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; and it is further,ORDERED that the motion to dismiss the appeal is denied as academic.DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.By Dillon, J.P.; Leventhal, Lasalle and Iannacci, JJ.10-18 Church Avenue Holdings, Inc., appellant- res, v. Marnin Rand respondents- ap, Alon Rand, respondent def — Motion by the appellant-respondent on an appeal and a cross appeal from an order of the Supreme Court, County, dated February 16, 2018, to dismiss the cross appeal as untimely taken.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.By Dillon, J.P.; Leventhal, Lasalle and Iannacci, JJ.MATTER of Jung Jun, ap, v. Aaron Franks, res-res, et al., res — Appeal by Jung Jun from an order of the Family Court, Queens County, dated February 8, 2018. By order to show cause dated June 11, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a   dated March 16, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).Now, upon the order to show cause and no papers having been filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the   dated March 16, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.By Dillon, J.P.; Leventhal, Lasalle and Iannacci, JJ.PEOPLE, res, v. Samuel Cuspert, ap — Motion by the appellant for summary reversal of an order of the Supreme Court, Queens County, dated December 8, 2015, or, in the alternative, for a reconstruction hearing with respect to the minutes of the proceedings.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.By Lasalle, J.PEOPLE, etc., plf, v. Eli Perry, 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 March 1, 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 Dillon, J.P.; Leventhal, Lasalle and Iannacci, JJ.PEOPLE, etc., res, v. Carl B. Smith, ap — Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 13, 2016.Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it isORDERED that the motion is denied.DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.By Dillon, J.P.; Leventhal, Lasalle and Iannacci, JJ.PEOPLE, etc., res, v. Rubin Acevedo, ap — Motion by the respondent to dismiss, for failure to prosecute, an appeal from a judgment of the Supreme Court, Queens County, rendered December 1, 2005, which was deemed abandoned pursuant to 22 NYCRR 670.8(f).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.DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.By Rivera, J.P.; Cohen, Maltese and Iannacci, JJ.William Moody, res, v. Kelly Drye & Warren, LLP, ap — Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated February 8, 2017, which was determined by decision and order of this Court dated April 11, 2018, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.RIVERA, J.P., COHEN, MALTESE and IANNACCI, JJ., concur.By Mastro, J.P.; Roman, Hinds-Radix and Duffy, JJ.Marion Dudley, etc., plf, v. City of New York res, et al., defendant; George Heath, nonparty- ap — Motion by the appellant, in effect, for summary reversal of an order of the Supreme Court, Kings County, dated April 10, 2018, or for leave to submit a statement in lieu of record on the appeal without the consent of the respondents.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, HINDS-RADIX and DUFFY, JJ., concur.By Mastro, J.P.; Roman, Hinds-Radix and Duffy, JJ.PEOPLE, etc., res, v. Nicholas Lewis, ap — Motion by the appellant’s assigned counsel on an appeal from a judgment of the Supreme Court, Queens County, rendered May 17, 2016, 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 May 14, 2017, 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 no papers having been filed in opposition or 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.MASTRO, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.By Mastro, J.P.; Roman, Hinds-Radix and Duffy, JJ.PEOPLE, etc., res, v. Nicholas Lewis, ap — Motion by the appellant’s assigned counsel on an appeal from a judgment of the Supreme Court, Queens County, rendered May 18, 2016, 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 May 14, 2017, 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 no papers having been filed in opposition or 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.MASTRO, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.By Scheinkman, P.J.; Leventhal, Austin and Duffy, JJ.PEOPLE, etc., res, v. Robert F. Hudson, ap — Appeal by Robert F. Hudson from an order of the County Court, Dutchess County, dated July 5, 2016. By order to show cause dated May 11, 2018, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated July 5, 2016, is neither appealable as of right nor by permission.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPL 450.10, 450.20).SCHEINKMAN, P.J., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.MATTER of Joanna Tobing, ap, v. Bruce May, res — V-10263-14/16B) — Appeal by Joanna Tobing from an order of the Family Court, Westchester County, dated June 30, 2017. Pursuant to §670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until August 28, 2018.MATTER of Mark A. M. (Anonymous), petitioner- res, v. Lesley R. S. (Anonymous), res, Elisha M. (Anonymous), nonparty-ap — Appeals by Elisha M. from two orders of the Family Court, Nassau County, dated September 28, 2017, and November 6, 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 respondent Mark A. M. to serve and file a brief on the appeals is enlarged until August 29, 2018.MATTER of Wilson Toro, ap, v. Tekoa Williams, res — Appeal by Wilson Toro from an order of the Family Court, Richmond County, dated January 29, 2018. 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 August 13, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Ayesha Khan, res, v. Mahmudul H. Khan, ap — Appeal by Mahmudul H. Khan from an order of the Family Court, Kings County, dated September 28, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until August 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.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Nijuel J. (Anonymous), ap — Appeal by Nijuel J. from an order of the Family Court, Kings County, dated March 7, 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 August 22, 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 Mario Montanez, ap, v. Dara Tompkinson, res — Appeal by Mario Montanez from an order of the Family Court, Kings County, dated February 26, 2018. 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 September 7, 2018.By Scheinkman, P.J.; Chambers, Lasalle and Brathwaite Nelson, JJ.MATTER of Ariel Keis, ap — Motion by the appellant pro se on appeals from two orders of the Supreme Court, Suffolk County, both dated February 16, 2018, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on the appeals.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion is granted.SCHEINKMAN, P.J., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.By Balkin, J.P.; Roman, Sgroi and Maltese, JJ.Wells Fargo Bank, N.A., res, v. Clotaire Pierre Louis ap, et al., def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered April 28, 2017, for failure to timely perfect.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.By Balkin, J.P.; Roman, Sgroi and Maltese, JJ.Jean Barone, etc., ap, v. Gilma Posada Barone, etc. res — Motion by the appellant, in effect, to recall and vacate so much of a decision and order on motion of this Court dated March 13, 2018, as dismissed the appeal on the ground that no appeal lies from a decision, to reinstate the appeal, and to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.By Scheinkman, P.J.; Leventhal, Austin and Duffy, JJ.Bank of America, N.A., etc., res, v. Salvatore Altieri, appellant def — Appeal by Salvatore Altieri from a purported order and judgment of the Supreme Court, Westchester County, dated January 31, 2018. By order to show cause dated June 1, 2018, the parties to the appeal were directed to show cause why the appeal should or should not be dismissed on the ground that no order and judgment of the Supreme Court, Westchester County, dated January 31, 2018, was issued in the above-entitled action.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements.SCHEINKMAN, P.J., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.By Balkin, J.P.; Roman, Sgroi and Maltese, JJ.HSBC Bank USA, N.A., etc., res, v. Francis M. Caesar ap, et al., def — Appeals from two orders of the Supreme Court, Westchester County, dated January 19, 2018, and March 12, 2018, respectively. By order to show cause dated June 1, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated January 19, 2018, as untimely taken.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal from the order dated January 19, 2018, is granted, and the appeal from the order dated January 19, 2018, is dismissed, without costs or disbursements (see CPLR 5513).BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.By Balkin, J.P.; Roman, Sgroi and Maltese, JJ.PEOPLE, etc., res, v. Eduardo Vias, ap — Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Richmond County, rendered May 8, 2014.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is denied.BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.By Scheinkman, P.J.; Cohen, Barros and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Grady Hampton, ap — Appeal from an order of the County Court, Nassau County, dated February 5, 2018. By order to show cause dated May 29, 2018, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order is not appealable as of right and leave to appeal has not been granted.Now, upon the order to show cause and no papers having been filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPL 450.10, 450.15).SCHEINKMAN, P.J., COHEN, BARROS and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Leventhal, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res — v. Harry Dorvilier, ap — PEOPLE, etc., res — v. Harrys Nurses Registry, Inc., ap — Motion by Edward Irizarry for leave to withdraw as counsel for the appellants on an appeal from an order of the Supreme Court, Queens County, dated April 12, 2017. By order to show cause dated June 4, 2018, the appellants were directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated April 12, 2017, is not appealable as of right and leave to appeal has not been granted and the motion by Edward Irizarry 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 motion by Edward Irizarry and the papers having been filed in relation thereto, it isORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPL 450.10, 450.15); and it is further,ORDERED that motion by Edward Irizarry is denied as academic.DILLON, J.P., LEVENTHAL, LASALLE and BRATHWAITE NELSON, JJ., concur.By Chambers, J.P.; Sgroi, Duffy and Iannacci, JJ.PEOPLE, etc., res, v. Ryan Hematian, ap — Motion by the appellant to withdraw appeals from two judgments of the Supreme Court, Nassau County, both rendered March 14, 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 granted, and the appeals are deemed withdrawn.CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.By Dillon, J.P.; Leventhal, Lasalle and Iannacci, JJ.Deutsche Bank, N.A., res, v. Robert H. Kouffman ap — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 26, 2017, for failure to timely perfect.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.By Dillon, J.P.; Leventhal, Lasalle and Iannacci, JJ.PEOPLE, etc., res, v. Michael Dixon, ap — Motion by the appellant’s assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered February 1, 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 June 8, 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.DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.By Dillon, J.P.; Leventhal, Lasalle and Iannacci, JJ.PEOPLE, etc., res, v. Richard Ellis, ap — Motion by the appellant’s assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered July 29, 2015, 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 June 11, 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.DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.By Chambers, J.P.; Sgroi, Duffy and Iannacci, JJ.Lucas Guinea, plf-res, v. Starco Remodeling, Inc., defendant- res, MEC General, Inc., appellant (and a third-party action). — Motion by the defendant-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 23, 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 denied as unnecessary as the defendant-respondent’s brief was timely served and filed.CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.Federal National Mortgage Association, etc., res, v. Dennis K. McHale, etc., ap — Application by the appellant to withdraw appeals from two orders of the Supreme Court, Nassau County, both dated January 23, 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 appeals are marked withdrawn.Denise M. Prescod, ap, v. Amelia Delvecchio, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 21, 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.Zambiah Carradice, etc. appellants-res, v. Jamaica Hospital Medical Center, res-ap, Long Island Jewish Medical Center, res — Application by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated October 10, 2017, to withdraw the cross appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the cross appeal is marked withdrawn.J.L. Handal, res, v. J.A. Handal, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 3, 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.Christopher Shaffer, ap, v. GCA Services Group, Inc. res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 29, 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.Cenlar, res, v. Mordechai Hirsch appellants def — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 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.Judith Ann McGill res, v. The Polish-American Political Club of Southampton, New York ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 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.By Dillon, J.P.; Leventhal, Lasalle and Iannacci, JJ.HSBC Bank USA, National Association, etc., res, v. Robert Giuffrida, etc., et al., appellants def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 22, 2017, for failure to timely perfect. Application by the appellants to withdraw the appeal.Upon the papers filed in support of the motion and 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; and it is further,ORDERED that the motion is denied as academic.DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.By Austin, J.PEOPLE, etc., plf, v. Anthony Romano, 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 County Court, Westchester County, dated November 13, 2017, which was denied by me in a decision and order on application dated March 21, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.By Duffy, J.PEOPLE, etc., plf, v. Andrew Carballero, 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 April 20, 2018, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Rivera, J.P.; Balkin, Miller and Brathwaite Nelson, JJ.Bank of America, N.A., etc., res, v. Wilkie Martin, appellant def — Motion by the appellant, inter alia, to stay his eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated January 10, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Balkin, Miller and Brathwaite Nelson, JJ.Steven Buffardi, plf-res, v. BJ’s Wholesale Club, Inc. ap, Big Al’s Landscaping, Inc., def-res — Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated April 17, 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 denied.RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Balkin, Miller and Brathwaite Nelson, JJ.Chad Marion, etc. ap, v. City of New York res — Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered April 20, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Balkin, Miller and Brathwaite Nelson, JJ.MATTER of Elizabeth Mondschein, ap, v. Craig Mondschein, res — Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Family Court, Westchester County, dated June 26, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Balkin, Miller and Brathwaite Nelson, JJ.MATTER of Elizabeth Mondschein, ap, v. Craig Mondschein, res — Appeal by Elizabeth Mondschein from an order of the Family Court, Westchester County, dated June 26, 2018. 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 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 appeal; 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 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. 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 appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) above has been taken within 30 days of the date of this  , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Balkin, Miller and Brathwaite Nelson, JJ.Janice A. Silvers, res-ap, v. Lon Silvers, appellant-responent. — Motion by the appellant-respondent, inter alia, to stay enforcement of a stated portion of a judgment of the Supreme Court, Suffolk County, entered May 22, 2017, pending hearing and determination of an appeal and cross appeal from the judgment.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Balkin, Miller and Brathwaite Nelson, JJ.U.S. Bank Trust, N.A., etc., res, v. Tresa Vas, etc., ap — Motion by the appellant, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered March 12, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Balkin, Miller and Brathwaite Nelson, JJ.Deutsche Bank National Trust Company, etc., res, v. Toni Simons, appellant def — Motion by the appellant to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated April 30, 2018.Upon the papers filed in support of the motion and the papers filed in opposition 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.RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Balkin, Miller and Brathwaite Nelson, JJ.MATTER of Joao Pinto, ap, v. Ima Pinto, res — V-3289-16/16G, 17H, V-3230-16/16C, 16D, V-3290-16/16G, 17H) — Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Westchester County, dated May 1, 2018, pending hearing and determination of an appeal therefrom, to vacate “all associated temporary orders,” and for poor person relief.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 poor person relief is denied without prejudice to renew upon proper papers, including the appellant’s affidavit setting forth the appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses; and it is further,ORDERED that the motion is otherwise denied.RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Balkin, Miller and Brathwaite Nelson, JJ.MATTER of Candie Means, ap, v. Derrick Anthony Miller, Jr., res — Appeal by Candie Means from an order of the Family Court, Kings County, dated March 13, 2018. By order to show cause dated June 4, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a   dated April 19, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal is denied; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, 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 appeal; 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 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. 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 appeal; and it is further,ORDERED that if the appellant fails to file the affidavit or affirmation within 30 days after the date of this decision and order on motion, the Court will dismiss the appeal, without further notice.RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Balkin, Miller and Brathwaite Nelson, JJ.MATTER of Scott Pinelli, ap, v. Erin Galt, res — Appeal by Scott Pinelli from an order of the Family Court, Rockland County, dated February 8, 2018. By order to show cause dated June 25, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a   dated May 14, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal is denied; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]) the time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing a brief on the appeal is enlarged until September 24, 2018.RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Balkin, Miller and Brathwaite Nelson, JJ.MATTER of Shaphan Parker, ap, v. Sean Tomlinson, res — Appeal by Shaphan Parker from an order of the Family Court, Kings County, dated March 22, 2018. By order to show cause dated June 6, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a   dated April 26, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).Now, upon the order to show cause and no papers having been filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the   dated April 26, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Balkin, Miller and Brathwaite Nelson, JJ.Steven B. Schonfeld, res, v. Sidra Saucedo, ap — Appeal by Sidra Saucedo from an order of the Supreme Court, Nassau County, dated February 16, 2018. By order to show cause dated June 25, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a   dated May 14, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).Now, upon the order to show cause and no papers having been filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the   dated May 14, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Balkin, Miller and Brathwaite Nelson, JJ.MATTER of Rochelle Carroll, res, v. Jay Brodsky, ap — F-1990-90/99C, F-1990-90/01H) — Motion by the appellant, inter alia, for summary reversal of an order of the Family Court, Nassau County, dated March 13, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Balkin, Miller and Brathwaite Nelson, JJ.Kimberly Pluschau, res, v. Gary Pluschau, ap — Motion by the appellant to make the caption anonymous on an appeal from a judgment of the Supreme Court, Suffolk County, entered July 3, 2017, and to enlarge the time to perfect the appeal.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 to make the caption anonymous is denied; and it is further,ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted and 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 August 27, 2018; and it is furtherORDERED that no further enlargement of time shall be granted.RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.MATTER of Kamiyah D. B. v. (Anonymous). Little Flower Children and Family Services of New York, petitioner-res, Myron B. (Anonymous), respondent-appellant res — Appeal by Myron B. from an order of the Family Court, Queens County, dated September 11, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on July 20, 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 petitioner-respondent and the attorney for the child in the above-entitled appeal shall be served and filed.By Brathwaite Nelson, J.PEOPLE, etc., plf, v. Carmelo Rivera, 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, Westchester County, dated December 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 Leventhal, J.P.; Chambers, Maltese and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Carmelo Rivera, ap — 2018-02635The People, etc., plaintiff,v Carmelo Rivera, defendant.(Ind. No. 14-01132) ‌Motion by the appellant pro se to consolidate appeals from a judgment of the Supreme Court, Westchester County, rendered March 30, 2016, and an order of the same court dated December 15, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.LEVENTHAL, J.P., CHAMBERS, MALTESE and n BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Chambers, Maltese and Brathwaite Nelson, JJ.John Sagaria, plf, v. Cynthia Sagaria, def — Motion by John Sagaria, for leave to appeal to this Court from an order of the Supreme Court, Orange County, dated June 21, 2018, and, inter alia, to stay enforcement of the order pending hearing and determination of the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,ORDERED that the motion is otherwise denied as academic.LEVENTHAL, J.P., CHAMBERS, MALTESE and BRATHWAITE NELSON, JJ., concur.Vanik Chiloyan, res, v. Eduard Chiloyan, appellant (and a third-party action). — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated March 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, the respondent’s time to serve and file a brief is enlarged, and the brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.