Appellate Division, Second Department:July, 26, 2018

Motion List released on:July 26, 2018

By Rivera, J.P.; Maltese, Barros and Christopher, JJ.PEOPLE, etc., res, v. Leroy Dorsey, ap — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated July 31, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from so much of the order entered December 17, 2012, as denied relief pursuant to CPL 440.10 and 440.20 on the ground that the portion of the order that denied that relief is not appealable as of right, and leave to appeal has not been granted (see CPL 450.10; 450.15), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before September 7, 2018; and it is further,ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant’s attorney and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to respond to the order to show cause:The Legal Aid Society199 Water StreetNew York, New York 10038and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that the appellant’s motion is held in abeyance in the interim; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.RIVERA, J.P., MALTESE, BARROS and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Christopher Kattis, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered July 28, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Thomas ButlerP.O. Box 665Melville, NY 11747and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Malik Baptiste, ap — Motion by the appellant pro se for leave to prosecute appeal from a judgment of the County Court, Rockland County, rendered July 18, 2016, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Salvatore C. Adamo350 Fifth Avenue, 59th FloorNew York, NY 10118and it is further,ORDERED that the appellant’s time to perfect the appeal are enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Chambers, J.P.; Sgroi, Duffy and Iannacci, JJ.Laurie Salon, ap, v. Ian Salon, res — Appeal by Laurie Salon from an order of the Supreme Court, Putnam County, dated September 21, 2017. By   dated June 11, 2018, the appellant’s time to perfect the appeal was enlarged until June 29, 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.CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.By Scheinkman, P.J.; Chambers, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Migly Jean Jacques, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 14, 2018, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied as academic in light of the decision and order on motion of this Court dated May 21, 2018, granting poor person relief and the assignment of counsel pursuant to Criminal Procedure Law §380.55.SCHEINKMAN, P.J., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.By Mastro, J.P.; Roman, Hinds-Radix and Duffy, JJ.PEOPLE, etc., res, v. Dennis Colon, ap — Appeal from an order of the Supreme Court, Kings County, dated March 30, 2017. By order to show cause dated May 16, 2018, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order was not appealable as of right and leave to appeal had 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).MASTRO, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.MATTER of Justice L. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Jessica L. (Anonymous), respondent-appellant res — (Proceeding No. 1)MATTER of Alaysia L. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Jessica L. (Anonymous), respondent-appellant res — (Proceeding No. 2)MATTER of Zamahri L. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Jessica L. (Anonymous), respondent-appellant res — (Proceeding No. 3)MATTER of Samiyah L. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Jessica L. (Anonymous), respondent-appellant res — (Proceeding No. 4)MATTER of Tyriek L. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Jessica L. (Anonymous), respondent-appellant res — (Proceeding No. 5) N-5154-17, N-5148-17, N-5149-17, N-5150-17, N-5158-17, N-5160-17) — Appeal by Jessica L. from an order of the Family Court, Suffolk County, dated December 8, 2017. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until August 23, 2018.MATTER of Sara F. Barnaby, res, v. Jermaine M. Skeete, ap — Appeals by Jermaine M. Skeete from two orders of the Family Court, Westchester County, dated March 16, 2018, and May 10, 2018, respectively. By order on certification of this Court dated June 1, 2018, as amended by decision and order on motion of this Court dated June 25, 2018, the following attorney was assigned as counsel for the appellant on the appeals:Karen M. Jansen445 Hamilton Avenue, Suite 607White Plains, NY 10601-1827914-821-5200By letter dated July 19, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeals. 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 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 appeals; 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 1, 2018, and the decision and order on motion of this Court dated June 25, 2018, have been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeals; 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 appeals to show cause why the appeals should or should not be dismissed.By Rivera, J.P.; Chambers, Duffy and Iannacci, JJ.US Bank, NA, res, v. Ajit Sodhi ap — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered January 31, 2017, insofar as taken by the appellants Ajit Sodhi and Anula Sodhi 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 denied in light of the decision and order on motion of this Court dated June 13, 2018, which enlarged the time to perfect the appeal.RIVERA, J.P., CHAMBERS, DUFFY and IANNACCI, JJ., concur.MATTER of Jasir M. (Anonymous). Administration for Childrens Services, petitioner-res, Myaisha E. (Anonymous), res-ap, Jason James M. (Anonymous), res-res — (Proceeding No. 1)MATTER of Jason M. (Anonymous). Administration for Childrens Services, petitioner-res, Myaisha E. (Anonymous), res-ap, Jason James M. (Anonymous), res-res — (Proceeding No. 2)MATTER of Jayla E. (Anonymous). Administration for Childrens Services, petitioner-res, Myaisha E. (Anonymous), res-ap, Jason James M. (Anonymous), res-res — (Proceeding No. 3) N-22513-15) — Appeal by Myaisha E. from an order of the Family Court, Queens County, dated August 9, 2016. 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 appeal is enlarged until August 20, 2018.MATTER of Fatima Vera Melo, res, v. Bismark Zuniga, ap — Appeal by Bismark Zuniga from an order of the Family Court, Kings County, dated December 7, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on July 19, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the respondent’s brief shall be served and filed within 30 days of the date of this  .By Scheinkman, P.J.; Chambers, Lasalle and Brathwaite Nelson, JJ.MATTER of Neil Marcus, ap, v. Planning Board of the Village of Wesley Hills res — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated October 4, 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 August 24, 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., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Chambers, Lasalle and Brathwaite Nelson, JJ.MATTER of Neil Marcus, ap, v. Planning Board of the Village of Wesley Hills res — Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Rockland County, dated April 7, 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 August 24, 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., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Thomas Christensen res, v. Todd Ruffalo, Jr., ap — Appeal by Todd Ruffalo, Jr., from an order of the Supreme Court, Westchester County, dated February 1, 2018.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Aliah J. (Anonymous). Administration for Childrens Services, res, Candice J. (Anonymous), ap — Appeal by Candice J. from an order of the Family Court, Queens County, dated January 25, 2018. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until August 23, 2018.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 time for the attorney for the child to serve and file a brief on the appeal is enlarged until August 30, 2018.MATTER of Quinton Carr, appellant-res, v. Armani Thomas, res-res — Appeal by Quinton Carr and cross appeal by Armani Thomas from an order of the Family Court, Queens County, dated November 30, 2017. The appellant-respondent and respondent-appellant’s briefs were filed in the office of the Clerk of this Court on June 25, 2018 and July 19, 2018, respectively. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this order, the brief for the attorney for the child in the above-entitled appeal and cross appeal shall be served and filed.By Scheinkman, P.J.; Chambers, Lasalle and Brathwaite Nelson, JJ.Mykel Lavar Moody, etc., ap, v. Talat Hmoud, etc., respondents def — Motion by the respondents Elizabeth George, Rocco Bassora, Jack Carleton, Syed Hussain, Guillermo Uy, Firas Hamdi, Tal Ronen, and Crystal Run Healthcare to enlarge the time to serve and file a brief on appeals from three orders of the Supreme Court, Orange County, two dated May 16, 2017, and one dated July 19, 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, the movants’ time to serve and file a brief is enlarged until August 24, 2018, and the movants’ 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.SCHEINKMAN, P.J., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.MATTER of Aliyah S. P. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-res, Sabrina S. P. (Anonymous), res-res — Appeal by Sabrina S. P. from an order of the Family Court, Dutchess County, dated January 24, 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 July 31, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Alex v. (Anonymous). Orange County Department of Social Services, petitioner-res, Dennis v. (Anonymous), respondent-appellant res — Appeals by Dennis V. from two orders of the Family Court, Orange County, dated October 13, 2017, and November 13, 2017, respectively. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until September 11, 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 Nicole Haims, appellant-res, v. John Lehmann, res-res — Appeal by Nicole Haims, and cross appeal by John Lehmann, from an order of the Family Court, Westchester County, dated December 18, 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-appellant to serve and file a brief on the appeal and cross 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.; Chambers, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Mark Henry, ap — Motion by Mark Henry pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered March 28, 2018, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the branch of the motion which is to extend the time to take the appeal is granted; and it is further,ORDERED that the moving papers are deemed to constitute a timely notice of appeal; and it is further,ORDERED that the branch of the motion which is for poor person relief, and for the assignment of counsel is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth the amount and source of counsel fees paid to retained counsel in the trial court.SCHEINKMAN, P.J., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Chambers, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Jahmal Enoe, ap — Motion by the appellant’s assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered March 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.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that on the Court’s own motion, the appellant is 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 has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before August 24, 2018; and it is further,ORDERED that the motion by assigned counsel to be relieved is held in abeyance in the interim; and it is further,ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).SCHEINKMAN, P.J., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Chambers, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Marques Mowatt, ap — Motion by Marques Mowatt pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered March 26, 2018.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 moving papers are deemed to constitute a timely notice of appeal.SCHEINKMAN, P.J., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Chambers, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Michael Gibbs, ap — Motion by Michael Gibbs pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered July 14, 2017.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 moving papers are deemed to constitute a timely notice of appeal.SCHEINKMAN, P.J., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Chambers, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Lexton Jerrick, ap — Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take appeals from two resentences of the Supreme Court, Kings County, both imposed September 11, 2017, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appellant’s moving papers are deemed to constitute a timely notice of appeal; and it is further,ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that, upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant’s sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeals:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.SCHEINKMAN, P.J., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Chambers, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Lexton Jerrick, ap — Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 10, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appellant’s moving papers are deemed to constitute a timely notice of appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that, upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant’s sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Carlos Velasquez, ap — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated October 20, 2017, which granted the appellant’s motion for leave to serve and file a pro se supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered November 13, 2014, is recalled and vacated; and it is further,ORDERED that the appellant’s motion for leave to serve and file a supplemental pro se brief is denied.The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Chambers, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. John Earley, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered October 27, 2015, as a poor person, and for the assignment of counsel. By order to show cause dated May 18, 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 notice of appeal from the judgment was untimely, and the appellant’s motion, in effect, was held in abeyance in the interim.Now, upon the order to show cause and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant’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 (see CPL 460.30); and it is further,ORDERED that the appellant’s motion is denied as academic.SCHEINKMAN, P.J., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Chambers, Lasalle and Brathwaite Nelson, JJ.Bank of New York Mellon, etc., ap, v. Timothy Murphy res — Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, dated December 18, 2017, as untimely taken.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 5513[a]).SCHEINKMAN, P.J., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.MATTER of Blake A. M. (Anonymous). SCO Family of Services, petitioner- res, Marisa L. (Anonymous), etc., respondent-appellant res — (Proceeding No. 1)MATTER of Brittny A. M. (Anonymous). SCO Family of Services, petitioner- res, Marisa L. (Anonymous), etc., respondent-appellant res — (Proceeding No. 2) — Appeals by Marisa L. from two orders of the Family Court, Queens County, both dated September 8, 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 children to serve and file a brief on the appeals is enlarged until August 23, 2018.ORDERED that no further enlargement of time shall be granted.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Malik Baptiste, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Rockland County, rendered July 18, 2016, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Salvatore C. Adamo350 Fifth Avenue, 59th FloorNew York, NY 10118and it is further,ORDERED that the appellant’s time to perfect the appeal are enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Selene Finance, res, v. Aaron Coleman, appellant def — Appeals from two orders of the Supreme Court, Kings County, both dated June 19, 2017.On the Court’s own motion, it isORDERED that the respondent’s time to serve and file a brief is enlarged until August 27, 2018, and the respondent’s brief shall be served and filed on or before that date.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Chambers, J.P.; Sgroi, Duffy and Iannacci, JJ.Deryck Harewood, ap, v. Zip Car def, Isaac Beyomin Marks, res — 2018-05338Deryck Harewood, appellant,v Zip Car respondents,et al., defendant.(Index No. 6414/16) ‌Motion by the appellant pro se to consolidate appeals from two orders of the Supreme Court, Kings County, dated August 15, 2017, and April 2, 2018, respectively, in effect, for leave to prosecute the appeal from the order dated April 2, 2018, on the original papers, to waive the filing fee, and to enlarge the time to perfect the appeal from the order dated August 15, 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 branch of the motion which is for leave to prosecute the appeal from the order dated April 2, 2018, on the original papers is granted, and the appeals 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 to enlarge the time to perfect the appeal from the order dated August 15, 2017, is granted and the appellant’s time to perfect that appeal is enlarged until August 27, 2018; and it is further,ORDERED that the 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]); and it is further,ORDERED that the motion is otherwise denied.CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.By Balkin, J.P.; Leventhal, Hinds-Radix and Maltese, JJ.JPMorgan Chase Bank, National Association, etc., res, v. Howard Daar ap, et al., def — Motion by the appellants, inter alia, for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered October 13, 2015, which was determined by decision and order of this Court dated May 9, 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.BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.MATTER of Daniel Jarvis, res, v. Caroll Lashley, ap — Appeal by Caroll Lashley from an order of the Family Court, Queens County, dated February 22, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on July 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.By Leventhal, J.P.; Austin, Duffy and Barros, JJ.Wells Fargo, N.A., plf-res, v. Michele Brown, etc. defendants- ap, First Deposit National Bank, et al., defendants-res, 497 Madison Realty, nonparty-ap — Motion by the defendants-appellants, and separate motion by the nonparty-appellant, to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated February 16, 2017.Upon the papers filed in support of the motions and the papers filed in opposition thereto, it isORDERED that the motions are denied; and it is further,ORDERED that on the Court’s own motion, the appeals are 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.LEVENTHAL, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.By Rivera, J.P.; Hinds-Radix, Lasalle and Brathwaite Nelson, JJ.211-12 Northern Boulevard Corp. res, v. LIC Contracting, Inc. appellants def — Motion by the respondents on an appeal from an order of the Supreme Court, Queens County, entered July 17, 2017, for leave to reargue the appellants’ motion to stay the trial on the issue of damages in the above-entitled action, which was determined by decision and order on motion of this Court dated April 17, 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., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.By Chambers, J.P.; Sgroi, Duffy and Iannacci, JJ.Inetta Yusupov, ap, v. Jacob Baraev, res — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated June 7, 2017, as a poor person and to enlarge the time to perfect the appeal. Cross motion by the respondent to dismiss the appeal for failure to timely perfect.Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the 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 to waive the filing fee is denied as unnecessary (see CPLR 1101[e]); 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[d][2]), and by serving and filing a brief on the appeal is enlarged until August 27, 2018; and it is further,ORDERED that no further enlargement of time shall be granted; and it is further,ORDERED that the motion is otherwise denied; and it is further,ORDERED that the cross motion is denied.CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.By Chambers, J.P.; Sgroi, Duffy and Iannacci, JJ.PEOPLE, etc., res, v. Adam Saalfield, ap — Motion by the appellant pro se, in effect, to strike the brief filed by assigned counsel on an appeal from a judgment of the County Court, Suffolk County, rendered September 23, 2016, and for leave to serve and file a supplemental brief. Separate motion by the appellant’s assigned counsel, in effect, for leave to serve and file a replacement brief.Upon the papers filed in support of the motions and the papers filed in relation thereto, it isORDERED that the motion by the appellant’s assigned counsel is granted, the appellant’s brief is stricken, and the appellant’s assigned counsel shall serve and file a replacement brief on or before September 24, 2018; and it is further,ORDERED that the branch of the motion by the appellant pro se, in effect, to strike the brief filed by assigned counsel is denied as academic; and it is further,ORDERED that the branch of the motion by the appellant pro se for leave to serve and file a supplemental brief is denied without prejudice to renew after assigned counsel files the replacement brief.CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.By Chambers, J.P.; Sgroi, Duffy and Iannacci, JJ.Glenn C. Kleiber, res, v. Robert P. Fichtel ap — Motion by the appellants, inter alia, to strike stated portions of the respondent’s brief on an appeal from an order of the Supreme Court, Queens County, dated June 19, 2017, and to enlarge the time to serve and file a reply 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 strike footnotes 2 and 3 on pages 3 and 4 and the material beginning with the first full paragraph on page 12 through the first paragraph on page 13 of the respondent’s brief is granted, and on or before August 15, 2018, the respondent shall delete 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 which does not contain the stricken material; and it is further,ORDERED that the branch of the motion which is to enlarge the appellants’ time to serve and file a reply brief is granted, the appellant’s time to serve and file a reply brief is enlarged until September 4, 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.CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.Bank of America, N.A., etc., plaintiff , v. Caren Litkowski ap, et al., defendants; Tri-State III, LLC, nonparty-res — Appeals by Caren Litkowski and Nathan Litkowski from two orders of the Supreme Court, Rockland County, dated March 29, 2016, and May 5, 2017, respectively, and a judgment of the same court also dated May 5, 2017. By order to show cause dated May 18, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a decision and order on motion of this Court dated March 19, 2018. Application by the appellants to extend the time to comply with the decision and order on motion of this Court dated March 19, 2018.Now, upon the order to show cause and the papers 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 motion to dismiss the appeals is denied; and it is further,ORDERED that the application is granted, the appellants’ the time to comply with the decision and order on motion of this Court dated March 19, 2018, is extended until August 6, 2018, and on or before that date, the appellants shall serve and file a supplemental record containing the judgment, the order dated May 5, 2017, and the notice of appeal from the judgment and the order dated May 5, 2017; and it is further,ORDERED that no further extension of time to serve and file the supplemental record shall be granted.SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Mastro, J.P.; Roman, Hinds-Radix and Duffy, JJ.PEOPLE, etc., res, v. Carl L. Clark, Jr., ap — Motion by the appellant pro se, in effect, to restore to active status an appeal from a judgment of the County Court, Dutchess County, rendered March 26, 2014, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for leave to prosecute the appeal as a poor person, and for the assignment of counsel. By order to show cause dated April 17, 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 appeal had been abandoned, the appellant’s motion was held in abeyance pending determination of the motion to dismiss the appeal, and the following named attorney was assigned as counsel to respond to the order to show cause:Thomas N. N. AngellPublic Defender22 Market StreetPoughkeepsie, NY 12601Separate motion by Thomas N. N. Angell to be relieved of the assignment and to extend the time to respond to the order to show cause.Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion by the appellant pro se and the papers filed in opposition thereto, and upon the papers filed in support of the motion by Thomas N. N. Angell and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion by Thomas N. N. Angell is granted and former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to respond to the order to show cause:Yasmin Daley Duncan386 Parkside AvenueBrooklyn, NY 11226and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report; and it is further,ORDERED that in the event that assigned counsel cites or relies upon the probation report in papers filed in response to the order to show cause, counsel shall provide a complete copy of such report and any attachments to this Court and the respondent prior to the filing of such papers; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,ORDERED that the time to respond to the order to show cause is extended until September 24, 2018, and the appellant pro se’s motion and the order to show cause shall be held in abeyance in the interim.MASTRO, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.By Balkin, J.P.; Roman, Sgroi and Maltese, JJ.Frederick M. Oberlander ap, v. Kelly Ann Moore respondents def — Joint motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated November 1, 2017. Cross motion by the respondent to dismiss the appeal for failure to timely perfect.Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, and the appellants’ time to perfect the appeal is enlarged until September 24, 2018; and it is further,ORDERED that the cross motion is denied.BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.By Balkin, J.P.; Roman, Sgroi and Maltese, JJ.Carmen Valerio, ap, v. Susana Barroso Reyes, respondent (and a third-party action). — Motion by Jaroslawicz & Jaros, LLC, for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Queens County, dated October 20, 2017, and to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted, and on or before August 9, 2018, Jaroslawicz & Jaros, LLC, shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon her of a copy of this decision and order on motion; and it is further,ORDERED that the time to perfect the appeal is enlarged until October 9, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.By Dillon, J.P.; Leventhal, Lasalle and Iannacci, JJ.J-K Apparel Sales Co., Inc. respondents- ap, v. Irwin Jacobs, defendant third- party plaintiff-appellant-res, J-K Apparel Sales Co., Inc. third-party plaintiffs- appellants-res, Steve Kenger, third-party def-res — Motion by the third-party plaintiffs-appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered October 31, 2017, inter alia, to dismiss the cross appeal for the respondents-appellants failure to pay their share of the costs of the joint record.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before August 15, 2018, the respondents-appellants pay their share of the costs of the joint record and file proof of payment with the Clerk of this Court; in the event that the respondents-appellants fail to comply with the foregoing, the cross appeal will be dismissed, without further notice; and it is further,ORDERED that the motion is otherwise denied.DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.By Balkin, J.P.; Roman, Sgroi and Maltese, JJ.Jean Barone, etc., ap, v. Gilma Posada Barone, etc. res — Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated July 19, 2017, on the grounds that the appellant’s appendix is inadequate and contains matter dehors the record, the appeal has been rendered academic, and the appellant’s brief improperly raises issues regarding other orders which are not the subject of the appeal, or, in the alternative, to strike the appellant’s brief on the ground that it improperly raises issues regarding other orders which are not the subject of the appeal and to enlarge the time to serve and file a brief. Cross motion by the appellant, in effect, for leave to file a replacement appellant’s appendix and brief.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 dismiss the appeal on the grounds that the appellant’s appendix is inadequate and contains matter dehors the record, and the appellant’s brief improperly raises issues regarding other orders which are not the subject of the appeal is denied on condition that on or before August 27, 2018, the appellant serve and file a replacement appellant’s appendix which contains the papers filed by the parties in connection with the motion that was determined by the order dated July 19, 2017, and does not contain motion papers that were filed in connection with any other motions, and a replacement brief that raises issues only concerning the motion that was determined by the order dated July 19, 2017; and it is further,ORDERED that no extension of this time shall be granted; and it is further,ORDERED that the branch of the 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 September 28, 2018, and the respondents’ 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 granted to the extent set forth above and is otherwise denied.BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.By Scheinkman, P.J.; Cohen, Barros and Brathwaite Nelson, JJ.Sahadeo Raghunath, res, v. Lalita Persaud, ap — Motion by Kareem E. Abdo, inter alia, for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Queens County, dated October 18, 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 relation or opposition thereto, it isORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and on or before August 9, 2018, Kareem E. Abdo shall serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon them of a copy of this decision and order on motion; and it is further,ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant’s time to perfect the appeal is enlarged until October 9, 2018, and the record or appendix on the appeal and the appellant’s brief must be served and filed on or before that date; and it is further,ORDERED that the motion is otherwise denied without prejudice to seeking relief in the Supreme Court, Queens County.SCHEINKMAN, P.J., COHEN, BARROS and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Chambers, Lasalle and Brathwaite Nelson, JJ.Taliyah Taylor, ap, v. State of New York, res — (Claim No. 124559) — Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the Court of Claims dated November 30, 2016, and to waive the filing fee.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 enlarge the time to perfect the appeal is granted, the appellant’s time to perfect the appeal is enlarged until September 24, 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 the motion is otherwise denied.SCHEINKMAN, P.J., CHAMBERS, LASALLE and BRATHWAITE NELSON, JJ., concur.By Chambers, J.P.; Sgroi, Duffy and Iannacci, JJ.HSBC Bank USA, National Association, etc., res, v. Suanny Joo ap, et al., def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated January 19, 2017, for failure to timely perfect. Cross motion by the appellants to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it isORDERED that the motion is denied; and it’s further,ORDERED that the cross motion is granted, the appellants’ time to perfect the appeal is enlarged until August 27, 2018, and the record or appendix on the appeal and the appellants’ 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.CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.Sweet Construction Corp., ap, Application to Withdraw Appeal v. Joval Painting Corp., etc., res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 20, 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.Catherine Provenzano, res, v. Vets South, Inc. ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 6, 2018.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Deborah Grippe, etc., res, v. Ozone Acquisition, LLC, etc., ap — Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 2, 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 deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Oluwabunmi Omotayo, ap, v. Home Furnishing Depot, Inc. res — Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 17, 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 deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Nelson B. Zuluaga, etc. res, v. Peter Angelopoulos def, Winthrop University Hospital, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated 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.Daniella Rosado, appellant-res, v. City of New York respondents- ap — Appeal and cross appeal from an order of the Supreme Court, Kings County, dated January 19, 2018.Upon the stipulation of the attorneys for the respective parties to the appeal dated July 20, 2018, it isORDERED that the appeal and cross appeal are marked withdrawn.Anonymous, etc., ap, v. Anna Zolonitskaya res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 6, 2018.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Leventhal, Austin and Duffy, JJ.PEOPLE, etc., res, v. Marcellous D. Williams, ap — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated July 23, 2018, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Orange County, rendered May 12, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appellant’s moving papers are deemed to constitute a timely notice of appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of sentence is raised on the appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Gary E. Eisenberg10 Esquire Road, Suite 10New City, New York 10965and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.MATTER of Anthony Buchanan, ap, v. New York State Division of Housing & Community Renewal, respondent-res, Cardinal Properties, intervenor-res — Motion by the appellant to stay certain proceedings in the Civil Court of the City of New York, Kings County, Landlord-Tenant Part, pending hearing and determination of an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated July 2, 2015.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 as academic in light of the determination of the appeal (see Matter of Buchanan v. New York State Div. of Hous. & Community Renewal, __ AD3d __ [2d Dept, July 25, 2018]).LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.