Appellate DivisionSecond DepartmentMotion List released on:August 16, 2018By Scheinkman, P.J.; Miller, Maltese and Christopher, JJ.PEOPLE, etc., plf, v. Paul Chandler, def — Motion by the defendant for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated March 7, 2018.Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it isORDERED that the motion is denied (see CPL 450.10, 450.15).SCHEINKMAN, P.J., MILLER, MALTESE and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Miller, Maltese and Christopher, JJ.Rashin Nosratabdi, res, v. Farshad Aroni, etc., ap — Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered August 17, 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 appellant’s time to perfect the appeal is enlarged until September 4, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MILLER, MALTESE and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Miller, Maltese and Christopher, JJ.Peter G. McKiernan, ap, v. Joseph Vaccaro, etc., def, Ernest Mancuso, Jr., res — (Appeal No. 1) Peter G. McKiernan, ap, v. Joseph Vaccaro, etc. res — (Appeal No. 2) — Motion by the appellant to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Queens County, dated May 5, 2017, and August 21, 2017, respectively.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 appellant’s time to serve and file a reply brief is enlarged until August 21, 2018, and the reply brief shall be served and filed on or before that date.SCHEINKMAN, P.J., MILLER, MALTESE and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Miller, Maltese and Christopher, JJ.MATTER of Gayle Mangels, etc., pet, v. Howard A. Zucker, etc. res — Motion by the petitioner to enlarge the time to serve and file a reply brief in a proceeding pursuant to CPLR article 78 which was transferred to this Court by order of the Supreme Court, Suffolk County, dated June 30, 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 petitioner’s time to serve and file a reply brief is enlarged until August 20, 2018, and the reply 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., MILLER, MALTESE and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Miller, Maltese and Christopher, JJ.PEOPLE, etc., res, v. Jeryl Grant, ap — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Richmond County, rendered May 12, 2015.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 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; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MILLER, MALTESE and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Miller, Maltese and Christopher, JJ.Blimi Rosen, etc., res, v. Robert M. Schonbrun ap — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated July 28, 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 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; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MILLER, MALTESE and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Miller, Maltese and Christopher, JJ.Parker, Waichman, LLP, plf-res, v. Joel L. Getreu, etc., defendant-res, Elena M. Perez, nonparty-ap — Motion by the plaintiff-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, entered May 15, 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 plaintiff-respondent’s time to serve and file a brief is enlarged until August 27, 2018, and the plaintiff-respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MILLER, MALTESE and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Miller, Maltese and Christopher, JJ.MATTER of Marquerite Camaiore, res, v. Frank Farance, ap — F-4307-13/13F, F-4307-13/13E) — Motion by the appellant to enlarge the time to perfect appeals from four orders of the Family Court, Queens County, dated January 24, 2017, February 23, 2017, June 27, 2017, and October 2, 2017, respectively.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is 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 and prior order of this Court (see 22 NYCRR 670.4[a]).SCHEINKMAN, P.J., MILLER, MALTESE and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.Lorraine Marcone, ap, v. Joseph Marcone, res — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Suffolk County, dated January 13, 2017, as a poor person and for the assignment of counsel, in effect, with respect to issues of custody and visitation.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that pursuant to Judiciary Law §35, the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal with respect to issues of custody and visitation:Susan A. DeNatale982 Montauk Highway, Suite 6Bayport, NY 11705631-772-1246and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the Court, and on or before August 30, 2018, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either(1) the appellant is interested in prosecuting the appeal with respect to issues of custody and visitation, or(2) the appellant is not interested in prosecuting the appeal with respect to issues of custody and visitation, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9), with respect to issues of custody and visitation; in the case of stenographers, both transcripts shall be filed with the clerk of the Supreme Court, and the clerk of the Supreme Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Supreme Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when assigned counsel serves a brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the appeal, with respect to issues of custody and visitation, expeditiously in accordance with any or orders issued pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,ORDERED that upon a determination that the appellant is interested in proceeding with the appeal with respect to issues of custody and visitation, assigned counsel is directed to serve a copy of this order upon the clerk of the Supreme Court, Suffolk County.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.MATTER of Suzanne Greenwald, appellant-res, v. Brian Greenwald, res-res — Renewed motion by the appellant-respondent pro se on an appeal from an order of the Family Court, Kings County, dated August 24, 2017, to waive the filing fee, for free transcripts, 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 denied.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.PEOPLE, etc., res, v. Alderay Simmonds, ap — 2017-11879The People, etc., plaintiff,v Alderay Simmonds, defendant.(Ind. No. 1701/15) Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered April 25, 2016, and for the assignment of new counsel, for leave to serve and file a supplemental brief, and to be furnished with copies of the typewritten transcripts of the proceedings, if any, to aid in the preparation of the pro se supplemental brief, and to consolidate the appeal from the judgment with an appeal from an order of the same court dated October 13, 2017.Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it isORDERED that the branch of the motion which is to relieve assigned counsel and for the assignment of new counsel is denied; and it is further,ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings, if any, to aid in the preparation of the pro se supplemental brief 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; 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; 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; and it is further,ORDERED that the branch of the motion which is to consolidate the appeal from the judgment with an appeal from the order dated October 13, 2017, is denied as academic as leave to appeal from the order was denied by decision and order on application of this Court dated August 14, 2018.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Mastro, J.P.; Rivera, Roman and Sgroi, JJ.Tracy Hill, ap, v. City of New York, et al., res — Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this Court dated June 28, 2017, which determined an appeal from an order of the Supreme Court, Queens County, entered April 17, 2015.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.MASTRO, J.P., RIVERA, ROMAN and SGROI, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.U.S. Bank National Association, etc., res, v. Vernetta C. Brown, appellant def — Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated April 17, 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]).AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Lasalle, JJ.Grace Hilt, etc., appellant-res, v. Adam Carpentieri, etc. res, Joseph S. Reiss respondents-ap — 2017-10251Grace Hilt, etc., respondent,v Adam Carpentieri, etc.defendants-respondents, Joseph S.Reiss appellants.(Index No. 10589/11) Motion by Joseph S. Reiss and Joseph S. Reiss, M.D., P.C., on an appeal and a cross appeal from an order of the Supreme Court, Nassau County, entered May 3, 2017, and an appeal from an order of the same court entered August 29, 2017, to clarify a decision and order on motion of this Court dated May 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 granted, and the decision and order on motion of this Court dated May 17, 2018, is amended by deleting from the second decretal paragraph thereof the words “Grace Hilt shall serve and file an answering brief” and substituting therefor the words “Joseph S. Reiss and Joseph S. Reiss, M.D., P.C., shall serve and file an answering brief.”SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.Wells Fargo Bank, N.A., res, v. Dell Lisa Alexander, etc., ap, et al., def — Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered December 22, 2016, 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]).AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.U.S. Bank National Association, etc., res, v. David Zucchet, appellant def — Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Orange County, dated December 19, 2016, 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]).AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.US Bank National, res, v. Sandra Nicholas, ap, et al., def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered April 19, 2016, 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]).AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Rivera, J.P.; Austin, Connolly and Iannacci, JJ.Wells Fargo Bank, res, v. Eric Armstead, appellant def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated December 16, 2016, for failure to comply with a decision and order on motion of this Court dated April 2, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.RIVERA, J.P., AUSTIN, CONNOLLY and IANNACCI, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.Wells Fargo Bank, N.A., res, v. Hugh E. Reid, appellant def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 18, 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]).AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.Leticia Vivas, ap, v. Sound Shore Medical Center of Westchester, res — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated November 5, 2012, 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]).AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.U.S. Bank National Association, etc., res, v. Gertrude Thomas ap, et al., def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 27, 2016, 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]).AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.Federal National Mortgage Association, res, v. Mordechai Mendlowitz, appellant def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Rockland County, dated March 24, 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]).AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.PEOPLE, etc., res, v. Eugene Purdie, 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 March 15, 2017, 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.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.PEOPLE, etc., res, v. Randy Williams, ap — Motion by the respondent to dismiss, for failure to prosecute, an appeal from a judgment of the County Court, Westchester County, rendered March 27, 2008, 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.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.PEOPLE, etc., res, v. Christopher Hicks, def — Motion by Christopher Hicks pursuant to CPL 460.30 for an extension of time to move for leave to appeal from an order of the Supreme Court, Nassau County, dated April 2, 2018, issued pursuant to CPL 440.10 and 440.20.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted, and the defendant’s time to move for leave to appeal from the order dated April 2, 2018, is extended until September 14, 2018.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Miller, Maltese and Christopher, JJ.RMNY Incubator Merrick, LLC, plf, v. Henry Weber, defendant third-party plaintiff- ap, Joanna Weber defendants- appellants; Pierre Titley third-party def-res — Motion by Law Offices of Thomas F. Liotti, LLC, inter alia, for leave to withdraw as counsel for the defendant third-party plaintiff-appellant and the defendants-appellants on an appeal from an order of the Supreme Court, Nassau County, entered June 14, 2017.Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it isORDERED that the motion is dismissed without prejudice to moving for the relief sought upon proper papers, including proof of service of all of the motion papers upon counsel for the third-party defendants-respondents.SCHEINKMAN, P.J., MILLER, MALTESE and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.HSBC Bank USA, National Association, res, v. Mohammed Uddin, ap, et al., def — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 5, 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 appellant’s time to perfect the appeal is enlarged until September 14, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.Marie Bazile, res, v. Gamil M. Saleh def, 519 Myrtle Avenue, LLC, ap — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 10, 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 appellant’s time to perfect the appeal is enlarged until September 14, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.Ernest Abelesz, etc., ap, v. 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 September 26, 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 appellant’s time to perfect the appeal is enlarged until October 15, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.James Rafferty, res, v. Jennifer Rafferty, ap — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated August 16, 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 appellant’s time to perfect the appeal is enlarged until September 14, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.Gregory S. Garritano, ap, v. Valerie Garritano, res — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated September 21, 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 appellant’s time to perfect the appeal is enlarged until September 14, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.Bank of New York Mellon, res, v. Kevin Vaden, appellant def — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated October 5, 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 appellant’s time to perfect the appeal is enlarged until August 30, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.Frances Melia, res-ap, v. City of New York, def, Bishwanan Jagmohan, res, County-Wide Insurance Company, nonparty-appellant-res — 2018-00026Frances Melia, plaintiff-respondent,v City of New York, defendant,County-Wide Insurance Company,appellant, Bishwanan Jagmohan,defendant-respondent.(Index No. 708307/15) Motion by County-Wide Insurance Company on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated June 27, 2017, and an appeal from an order of the same court dated November 1, 2017, to enlarge the time to perfect the appeals.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 time to perfect the appeals is enlarged until August 30, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.PEOPLE, etc., res, v. Edgar Lugo, ap — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Orange County, rendered February 10, 2015.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 respondent’s time to serve and file a brief is enlarged until August 30, 2018, and the respondent’s brief shall be served and filed on or before that date.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.George A. Durand, ap, v. Salvation Army, defendant third-party/fourth-party plaintiff-res, Delgado Home Improvements, Inc. third-party defendants-res, Friends of Freeport NY, Inc., fourth-party defendant-respondent — Motion by the respondent Salvation Army to enlarge the time to serve and file a respective brief on an appeal from an order of the Supreme Court, Nassau County, entered August 3, 2017.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted, the time for the respondent Salvation Army to serve and file a brief is enlarged until September 14, 2018, and the respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that on the Court’s own motion, the time for all additional respondents to serve and file their respective briefs is enlarged until September 14, 2018, and the respondents’ briefs shall served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.Richard Zehner, res, v. Annmarie Zehner, ap — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Suffolk County, dated June 29, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the respondent’s time to serve and file a brief is enlarged until September 14, 2018, and the respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Austin, J.P.; Cohen, Iannacci and Christopher, JJ.Zvi Katz, ap, v. Nissan Mangel, et al., res — Motion by the appellant to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated April 15, 2016.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 serve and file a reply brief is enlarged until August 30, 2018, and the reply brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time will be granted.AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Miller, Maltese and Christopher, JJ.Wells Fargo Bank, N.A., etc., res, v. Bonnie S. Caracciolo, ap, et al., def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated July 17, 2017, for failure to timely perfect. Application by the appellant to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it isORDERED that the application is denied; and it is further,ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).SCHEINKMAN, P.J., MILLER, MALTESE and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Melissa Straight, ap, v. Donovan Schrouter, respodent. — Appeal by Melissa Straight from an order of the Family Court, Kings County, dated March 12, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Daniel Fraidstern, dated August 9, 2018, it isORDERED that the respondent is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to respond to the appeal:Kenneth M. Tuccillo591 Warburton Avenue, #576Hastings-on-Hudson, NY 10706914-439-4843and it is further,ORDERED that assigned counsel shall promptly attempt to contact the respondent at the address provided by the Court, and shall notify the Case Manager assigned to the appeal on or before August 30, 2018, in writing, that he has done so and that either(1) the respondent is interested in responding to the appeal, or(2) the respondent is not interested in responding to the appeal, or that he has been unable to contact the respondent, and wishes to be relieved of the assignment.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Suzanne Greenwald, res-ap, v. Brian Greenwald, appellant-res — Appeal by Brian Greenwald, and cross appeal by Suzanne Greenwald, from an order of the Family Court, Kings County, dated August 24, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant-respondent’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-respondent’s brief on the appeal is enlarged until September 12, 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.MATTER of Suzanne Greenwald, res, v. Brian Greenwald, ap — Appeal by Brian Greenwald from an order of the Family Court, Kings County, dated December 11, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until September 12, 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 Barry Shisgal, pet-ap, v. Chana Abels, respondent-res, Shira S. (Anonymous), nonparty-ap — V-03390-07/16J-L, V-03392-07/16J-L, V-03684-07/16J-L, V-03686-07/16J-L) — Appeal by Shira S., and separate appeal by Barry Shisgal, from an order of the Family Court, Rockland County, dated March 30, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant Barry Shisgal’s time to perfect his 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 his appellant’s brief is enlarged until September 12, 2018.R. K., appellant-res, v. R. G., res-res — Appeal by R. K., and cross appeal by R. G., from an order of the Supreme Court, Westchester County, dated June 28, 2017. 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 and cross appeal is enlarged until September 24, 2018.By Scheinkman, P.C., Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Shadeen Smith, ap, v. Raymond Francis, res — Appeals by Shadeen Smith from two orders of the Family Court, Nassau County, both dated June 22, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Lee R. Samowitz, dated August 8, 2018, it isORDERED that the appellant is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals:Amy L. Colvin9 Everette PlaceHuntington, NY 11743631-424-8495and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before August 30, 2018, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either(1) the appellant is interested in prosecuting the appeals, or(2) the appellant is not interested in prosecuting the appeals, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further,ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any or orders issued pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,ORDERED that upon a determination that the appellant is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Roman, J.P.; Sgroi, Maltese and Lasalle, JJ.MATTER of Anita J. U. (Anonymous). Childrens Aid Society, petitioner-res, Jennifer A. (Anonymous), res-res — (Proceeding No. 1)MATTER of Kimberly U. (Anonymous). Childrens Aid Society, petitioner-res, Jennifer A. (Anonymous), res-res — (Proceeding No. 2)MATTER of Reyna M. U.-A. (Anonymous). Childrens Aid Society, petitioner-res, Jennifer A. (Anonymous), res-res — (Proceeding No. 3) — Motion by the respondent-appellant for leave to reargue an appeal from an order of the Family Court, Richmond County, dated March 21, 2017, which was determined by decision and order of this Court dated June 13, 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.ROMAN, J.P., SGROI, MALTESE and LASALLE, JJ., concur.By Mastro, J.P.; Chambers, Sgroi and Maltese, JJ.MATTER of Rose Zou, res, v. Ming Qiao Zhang, ap — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Family Court, Kings County, dated June 23, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, and the 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 27, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.MASTRO, J.P., CHAMBERS, SGROI and MALTESE, JJ., concur.By Rivera, J.P.; Austin, Roman and Connolly, JJ.Joel Philius, res, v. City of New York, def, New York City Housing Authority, ap — Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated October 30, 2015, which was determined by decision and order of this Court dated May 2, 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 branch of the motion which is for leave to reargue is denied; and it is further,ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated May 2, 2018, properly made?Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).RIVERA, J.P., AUSTIN, ROMAN and CONNOLLY, JJ., concur.By Mastro, J.P.; Balkin, Connolly and Christopher, JJ.Metropolitan Lofts of NY, LLC, appellant- res, v. Metroeb Realty 1, LLC, res, RedSky Capital, LLC, res-res — Motion by the respondent for leave to reargue appeals and cross appeals from an order of the Supreme Court, Kings County, dated February 27, 2015, and a judgment of the same court dated March 12, 2015, respectively, which were determined by decision and order of this Court dated April 4, 2018, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Separate motion by the respondent-appellant for leave to reargue appeals and cross appeals, 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 motions and the papers filed in opposition thereto, it isORDERED that the motions are denied, with one bill of $100 costs payable to the appellant-respondent.MASTRO, J.P., BALKIN, CONNOLLY and CHRISTOPHER, JJ., concur.MATTER of Sekani D. (Anonymous), ap — Appeal by Sekani D. from an order of the Family Court, Kings County, dated July 20, 2017. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until September 13, 2018.By Mastro, J.P.; Balkin, Connolly and Christopher, JJ.Metropolitan Lofts of NY, LLC, ap, v. Metroeb Realty 1, LLC res — Separate motions by the respondents for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated June 6, 2014, which was determined by decision and order of this Court dated April 4, 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 motions and the papers filed in opposition thereto, it isORDERED that the motions are denied, with $100 costs.MASTRO, J.P., BALKIN, CONNOLLY and CHRISTOPHER, JJ., concur.MATTER of Khaleesi A. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Maria A. (Anonymous), respondent-res, Julian P. (Anonymous), nonparty-ap — Appeal by Julian P. from an order of the Family Court, Suffolk County, dated March 26, 2018. By dated June 8, 2018, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the :(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there were such minutes, an affidavit or affirmation stating that the transcript was received, and indicating the date that it was received; or(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof, and the date by which the transcript was expected; or(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or(5) an affidavit or an affirmation withdrawing the appeal.The appellant has failed to comply with the . Pursuant to §670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]), it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the dated June 8, 2018, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before September 6, 2018; and it is further,ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.By Mastro, J.P.; Dillon, Cohen and Iannacci, JJ.Richard Dube plf-ap, v. County of Rockland res, USPLabs, LLC, defendant-appellant defendants (and a third-party action). — Motion by the respondents for leave to reargue appeals from an order of the Supreme Court, Rockland County, dated December 11, 2015, which were determined by decision and order of this Court dated April 18, 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.MASTRO, J.P., DILLON, COHEN and IANNACCI, JJ., concur.By Rivera, J.P.; Miller, Hinds-Radix and Maltese, JJ.Lance L. Russell, ap, v. J.L. Femia Landscape Services, Inc., et al., res — Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated August 25, 2016, which was determined by decision and order of this Court dated May 23, 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 no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied.RIVERA, J.P., MILLER, HINDS-RADIX and MALTESE, JJ., concur.MATTER of Brandon S. (Anonymous), ap — Westchester Department of Social Services, res — Appeal by Brandon S. from an order of the Family Court, Westchester County, dated January 17, 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 respondent to serve and file a brief on the appeal is enlarged until September 19, 2018.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.MATTER of Georgios Grouzis, res, v. Anthony Grouzis, ap — Appeal by Anthony Grouzis from an order of the Family Court, Queens County, dated April 23, 2018. By order on certification of this Court dated July 20, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Tammi D. Pere24 New York AvenueWest Hempstead, NY 11552516-426-8700By letter dated August 13, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated July 20, 2018, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Aileen Persich, res, v. Andrew Persich, ap — Appeal by Andrew Persich from an order of the Family Court, Suffolk County, dated February 6, 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 children to serve and file a brief on the appeal is enlarged until September 17, 2018.MATTER of Barbara Schiavone, res, v. Joseph L. Mannese, ap — Appeals by Joseph L. Mannese from three orders of the Family Court, Orange County, all dated September 13, 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 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 13, 2018.MATTER of Zyla W. (Anonymous). Administration for Childrens Services, petitioner-res, Sharee J. (Anonymous), respondent-appellant res — Appeal by Sharee J. from an order of the Family Court, Kings County, dated August 17, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until September 14, 2018.By Dillon, J.PEOPLE, etc., res, v. James Ryan, ap — Motion by the respondent pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from a decision and order of this Court dated January 22, 2008, which modified a judgment of the Supreme Court, Nassau County, rendered March 9, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.
