Appellate DivisionSecond DepartmentMotion List released on:August 17, 2018By Scheinkman, P.J.PEOPLE, etc., res, v. Charles McRae, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 13, 2018, 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: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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.PEOPLE, etc., res, v. Sammy Pomales, ap — (S.C.I. No. 2196/18) — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 23, 2018, 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: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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Nelson Diaz, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered February 16, 2018, 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: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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.PEOPLE, etc., res, v. Najay Baldwin, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 22, 2018, 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: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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Elijah Flowers, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered May 18, 2018, 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: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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Chambers, J.P.; Sgroi, Duffy and Iannacci, JJ.PEOPLE, etc., res, v. Jahmeek Beyjones, 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 appeals from two judgments of the Supreme Court, Queens County, both rendered October 17, 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 no papers having been filed in opposition or 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 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 pleas of guilty or of the trials, and of the imposition of sentence in these actions, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the cases were 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 appeals, 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:Dennis Coppin47-03 Bell Blvd.Bayside NY 11361and 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.CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.Humberto Monzon, res, v. 339 Mulry, LLC, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 12, 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.Deutsche Bank National Trust Co., etc., ap, v. Arie Goldberg res, et al., def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 11, 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.NYCTL 1998-2 Trust plaintiffs- res, v. NI Marine Corp. def-res, Chemical Bank, etc. def, Milton Point Partners, Inc., intervenor-ap — Application by the intervenor-appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 2, 2018.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.MATTER of Lino Ceron, petitioner- res, v. Martha Cecilia Gomez, appellant res — Appeals by Martha Cecilia Gomez from two orders of the Family Court, Queens County, both dated April 27, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Daniel M. Bauso, dated August 13, 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:Daniel M. Bauso155-03 Jamaica Avenue, Ste 3Jamaica, NY 11432718-526-2829ORDERED 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 assigned counsel shall serve a copy of this order upon the clerk of the court from which the appeals are taken; and it is further,ORDERED that the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this order; and it is further,ORDERED that within 30 days after the date of this order, the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or(2) if there are such minutes, an affidavit or affirmation stating that the transcripts have been received, and indicating the date received; or(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeals is taken, the date thereof, and the date by which the transcripts are 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Juan Hernandez, plf, v. 490 Fulton Owner, LLC, defendant third-party plf-ap, TJN Corp., def, Long Island University, third-party def-res, Glavan Construction Corp., third-party def — Application by the defendant third-party plaintiff-appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 28, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.A. D., etc., res, v. Best Prep Academy, Inc., ap — Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 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.Mary Ann Trocchia ap, v. The Retail Property Trust, etc., res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 13, 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.James Cush, res, v. Christine Cush, ap — Appeal by Christine Cush from an order of the Supreme Court, Suffolk County, dated April 26, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the proceedings in the Supreme Court, and the appellant shall notify this Court by letter of the date the transcripts are received. If there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Lorraine Coke-Holmes ap, v. Holsey Holdings, LLC res — Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 13, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Schula v. B. (Anonymous). Barbara Barnaby Darby, petitioner-res, Cynthia Shepherd, res-res — Application by the respondent-appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 22, 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.MATTER of Deanna E. R. (Anonymous). SCO Family of Services, petitioner-res, Latisha M. (Anonymous), res-res — Appeal by Latisha M. from an order of the Family Court, Kings County, dated November 8, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on August 13, 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 order, the briefs for the respondent and the attorney for the child in the above-entitled appeal shall be served and filed.Maria Caselnova, etc. res, Michael Castellano, etc. def, George John Ayyad, etc. ap — Application by the appellant Neville Keki Mobarakai to withdraw an appeal from an order of the Supreme Court, Richmond County, dated October 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 by the appellant Neville Keki Mobarakai is marked withdrawn.Maria Caselnova, etc. res, v. Michael Castellano, etc. def, Neville Keki Mobarakai, etc., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated March 20, 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.MATTER of Joseph H. (Anonymous), ap, v. Westchester County Department of Social Services, etc. res — Appeal by Joseph H. from an order of the Family Court, Westchester County, dated October 25, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Gregory A. Salant, dated August 8, 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 on behalf of Ayisha M.:David M. Walensky910 Stuard Ave., 2BMamaroneck, NY 10543914-381-9406and it is further,ORDERED that assigned counsel shall promptly attempt to contact the respondent Ayisha M. at the address provided by the Court, and shall notify the Case Manager assigned to the appeal on or before August 31, 2018, in writing, that he has done so and that either(1) the respondent Ayisha M. is interested in responding to the appeal, or(2) the respondent Ayisha M. is not interested in responding to the appeal, or that he has been unable to contact her, 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 Kaiden M. L. (Anonymous). Westchester County Department of Social Services, petitioner-res, KDaya R. (Anonymous), res-res — Appeal by K’Daya R. from an order of the Family Court, Westchester County, dated January 10, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the child to serve and file a brief on the appeal is enlarged until September 14, 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 Douglas G. Heintzman, ap, v. Jennifer C. Heintzman, res — F-11743-15/15A) — Appeal by Douglas G. Heintzman from an order of the Family Court, Westchester County, dated August 25, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until September 10, 2018.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.MATTER of State of New York, res, v. Kaysheem P. (Anonymous), ap — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, entered November 2, 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 17, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Dillon, J.P.; Austin, Sgroi and Barros, JJ.Wells Fargo Bank, N.A., respondent v. Yaacov Sakizada, appellant def — Motion by the appellant, inter alia, to consolidate appeals from an order of the Supreme Court, Queens County, dated September 10, 2015, and a judgment of the same court entered April 12, 2018, to deem the record and briefs filed in connection with the order to be filed in connection with the judgment, and for leave to serve and file a supplemental record containing the judgment and notice of appeal from the judgment.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 branches of the motion which are to consolidate the appeals, to deem the record and briefs filed in connection with the order to be filed in connection with the judgment, and for leave to serve and file a supplemental record containing the judgment and notice of appeal from the judgment are granted and on or before August 30, 2018, the appellant shall serve and file a supplemental record containing the judgment and notice of appeal from the judgment; and it is further,ORDERED that the motion is otherwise denied.DILLON, J.P., AUSTIN, SGROI and BARROS, JJ., concur.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.Morequity, Inc., res, v. Centennial Insurance Company, et al., defendants; 158-11 96th Street, LLC, nonparty-ap — Motion by the nonparty-appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from a judgment of the Supreme Court, Queens County, entered January 29, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.Kenneth J. Ward, ap, v. Teresa R. Ward, res — Motion by the appellant to stay enforcement of stated portions of a judgment of the Supreme Court, Queens County, entered April 23, 2018, pending hearing and determination of an appeal therefrom.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.OCWEN Loan Servicing, LLC, res, v. Kali White, appellant def — Motion by the appellant to stay the appellant’s eviction from the subject premises and all proceedings in an action entitled MTGLQ Investors, L.P. v. White, commenced in the District Court, First District, County of Nassau, under Index No. LT-003169-18, pending hearing and determination of an appeal from a judgment of the Supreme Court, Nassau County, entered October 25, 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 eviction from the subject premises, located at 151 Pennsylvania Avenue, Roosevelt, New York, and all proceedings in the action entitled MTGLQ Investors, L.P. v. White, commenced in the District Court, First District, County of Nassau, under Index No. LT-003169-18, are stayed pending hearing and determination of the appeal.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Sgroi, J.PEOPLE, etc., plf, v. Gary Moore, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated May 23, 2018, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.MATTER of Angela Rinaldi, ap, v. Jason Faiella, res — Motion by the appellant to stay enforcement of so much of an order of the Family Court, Westchester County, dated May 25, 2018, as permits overnight visitation with the respondent pending hearing and determination of an appeal therefrom.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted, and enforcement of so much of the order as permits overnight visitation with the respondent is stayed pending hearing and determination of the appeal.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.MATTER of Shivaun Williams, ap, v. Cassandra Bryson, res — (Proceeding No. 1)MATTER of Cassandra Bryson, res, v. Shivaun Williams, ap — (Proceeding No. 2) V-8618-16) — Appeal by Shivaun Williams from an order of the Family Court, Queens County, dated August 18, 2017.ORDERED that the time for the attorney for the children to serve and file a brief on the appeal is enlarged, and the brief submitted to the Clerk of this Court is accepted for filing and deemed timely served.Theresa Irvin, res-ap, v. City of New York def, E.N.Y. Plaza, LLC appellants- res — Application by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated January 17, 2018, to withdraw the appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.George Dahari, res-ap, v. Francisco Villafana, defendant third-party plf, 2 Morgan Realty, LLC, appellant- res, Signature Bank res — Application to withdraw appeals and cross appeals from two orders of the Supreme Court, Kings County, dated April 6, 2016 and October 3, 2016, respectively.Upon the stipulation of the attorneys for the respective parties to the appeals and cross appeals dated June 26, 2018, it isORDERED that the application is granted and the appeals and cross appeals are 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.Jeffrey L. Rosenberg & Associates, LLC, ap, v. 87-10 51st Avenue Owners Corp., et al., res — Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 26, 2008.Upon the stipulation of the attorneys for the respective parties to the appeal dated July 25, 2018, 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.Columbina Frosch, etc. ap, v. City of New York, res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 2, 2018.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.Graciela Barrios, plf-res, v. City of New York, def-res, Glynton Handkerchief Company, LLC, appellant def — Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered April 24, 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 trial in the above-entitled action is stayed pending hearing and determination of the appeal.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.Wells Fargo Bank, National Association, etc., res, v. Joel Sucher ap, et al., def — Motion by the appellants to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated February 3, 2017, and to hold the appeal in abeyance until the appellants retain 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; and it is further,ORDERED that on the Court’s own motion, the appellants are 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 right of direct appeal from the order dated February 3, 2017, terminated with entry of the final judgment of the Supreme Court, Westchester County, dated April 18, 2018 (see Matter of Aho, 39 NY2d 241), 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, or by making a motion, on or before September 7, 2018, pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment to the extent that it brings the order up for review (see CPLR 5501[a][1]), and to limit the issues raised by the appellants on the appeal from the judgment to the issues raised in connection with the appeal from the order; 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 appellants by regular mail.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.MATTER of Mindy Rosenbaum Markowitz, ap, v. Israel Markowitz, res — Motion by Mindy Rosenbaum Markowitz for leave to appeal to this Court from an order of the Supreme Court, Rockland County, dated July 17, 2018, and to stay enforcement of the order and reinstate the parental access schedule that existed before that order was issued, pending hearing and determination of the appeal. Separate motion by Mindy Rosenbaum Markowitz for poor person relief.Upon the papers filed in support of the motion, inter alia, for leave to appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion for poor person relief 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 appeal is denied; and it is further,ORDERED that on the Court’s own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,ORDERED that the branch of the motion which is to stay enforcement of the order dated July 17, 2018, and reinstate the parental access schedule that existed before that order was issued, and the motion for poor person relief are denied as academic.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Rivera, J.PEOPLE, etc., plf, v. Paul White, def — Motion by the defendant for leave to reargue his prior application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the County Court, Suffolk County, rendered January 30, 2015, which was denied by me in a decision and order on application dated May 23, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.By Chambers, J.PEOPLE, etc., plf, v. Trevor Anderson, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Kings County, dated January 16, 2018, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.Marilyn Feingold, plf, v. Murray Feingold, def — Motion by Murray Feingold for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated September 12, 2017, and to stay enforcement of the order, pending hearing and determination of the appeal.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,ORDERED that the motion is otherwise denied as academic.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.David Tchatchanachvili ap, v. Federal National Mortgage Association, et al., res — Motion by David Tchatchanachvili and Esther Tchatchanachvili for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated June 26, 2018, and to stay the sale of the capital shares of stock and the lease relating to the subject cooperative apartment, pending hearing and determination of the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,ORDERED that on the Court’s own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,ORDERED that the motion is otherwise denied as academic.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.Citimortgage, Inc., res, v. Carran Rampersaud, def, Daymantie Rampersaud, ap — Motion by Daymantie Rampersaud for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated July 10, 2018, and, inter alia, to stay all proceedings in the above-entitled matter, pending hearing and determination of the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,ORDERED that on the Court’s own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,ORDERED that the motion is otherwise denied as academic.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Dwayne Webb, 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 on an appeal from a judgment of the Supreme Court, Kings County, rendered May 20, 2014, is recalled and vacated.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of David Nicoletti, ap, v. Natalya Nicoletti, res — On the Court’s own motion, it isORDERED that the order to show cause of this Court dated August 13, 2018, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:Appeal by David Nicoletti from an order of the Family Court, Richmond County, dated May 11, 2018. By dated June 20, 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) 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 20, 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 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 parties by regular mail.By Scheinkman, P.C., Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Julia M. Murray, res, v. Anderson Fils-Aime, ap — On the Court’s own motion, it isORDERED that the order on certification of this Court dated August 15, 2018, in the above-entitled matter, on an appeal from an order of the Family Court, Westchester County, dated June 21, 2018, is amended by deleting from the first decretal paragraph thereof the name “Dana Foster-Navins” and substituting therefor the name “Dana Forster-Navins.”SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
