Appellate DivisionSecond DepartmentMotion List released on:August 20, 2018By Chambers, J.P.; Barros, Connolly and Christopher, JJ.PEOPLE, etc., res, v. Rahsaan K. Alexander, ap — Motion by the appellant pro se for leave to prosecute an appeal from a purported judgment of the County Court, Suffolk County, rendered July 28, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that on the Court’s own motion, the notice of appeal is deemed to be a premature notice of appeal from the judgment of conviction rendered November 6, 2017 (see CPL 460.10[6]); and it is further,ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth the amount and source of counsel fees paid to retained counsel.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.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 attorney for the child to serve and file a brief on the appeal is enlarged until September 17, 2018.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.MATTER of Metro-North Train Accident of February 3, 2015 in the Town of Mount Pleasant, New York. Metro-North Commuter Railroad appellants; Jill Shiner Vandercar, etc. res — Motion by the appellants Metro-North Commuter Railroad, Metropolitan Transportation Authority, Argent Ventures, LLC, Midtown TDR Ventures, and Steven Smalls, inter alia, to confirm that an automatic stay is in effect with respect to the Metro-North Commuter Railroad and Metropolitan Transportation Authority, staying enforcement of an order of the Supreme Court, Westchester County, dated July 9, 2018, pending hearing and determination of appeals from the order dated July 9, 2018, and to stay enforcement of the order dated July 9, 2018, with respect to Steven Smalls, pending hearing and determination of the appeals from the order dated July 9, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted to the extent that it is confirmed that an automatic stay is in effect staying enforcement of the order dated July 9, 2018, with respect to Metro-North Commuter Railroad and Metropolitan Transportation Authority pending hearing and determination of the appeals from the order and enforcement of the order is stayed with respect to Steven Smalls pending hearing and determination of the appeals, and the motion is otherwise denied; and it is further,ORDERED that the appellants shall perfect the appeals on or before September 13, 2018; and it is further,ORDERED that in the event the appeals are not perfected on or before September 13, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,ORDERED that on the Court’s own motion, the copy of the settlement agreement which was filed under seal with the motion papers shall remain sealed, and when perfecting the appeals the settlement agreement shall be filed under seal, in a separate volume of the joint record or joint appendix, when perfecting the appeals, for in camera review by the panel of justices hearing the appeals.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Ramal M. (Anonymous), Jr. Cardinal Mccloskey Services, petitioner-res, Ramal M. (Anonymous) respondents-ap — Separate appeals by Ramal M. and Teiyana T. from an order of the Family Court, Queens County, dated January 16, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the respondent-appellant Ramal M.’s time to perfect his appeal by causing the original papers constituting the record to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until September 12, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Tikhia Williams, ap, v. Daron Goodman, res — Appeal by Tikhia Williams from an order of the Family Court, Queens County, dated April 23, 2018. By dated June 25, 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 25, 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 12, 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.MATTER of Annabelle Zaratzian, ap, v. Adel R. Abadir, respondent-res, Lydia S. Antoncic, etc., nonparty-res — V-07891-10/13A, B/14D, E/15H) — Appeal by Annabelle Zaratzian from an order of the Family Court, Westchester County, dated May 8, 2018. By dated June 25, 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 proceedings for failure to comply with the dated June 25, 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 12, 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 Chambers, J.P.; Barros, Connolly and Christopher, JJ.MATTER of Metro-North Train Accident of February 3, 2015 in the Town of Mount Pleasant, New York. Metro-North Commuter Railroad appellants; Jill Shiner Vandercar, etc. res — Motion by the appellants Metro-North Commuter Railroad, Metropolitan Transportation Authority, Argent Ventures, LLC, Midtown TDR Ventures, and Steven Smalls, inter alia, to confirm that an automatic stay is in effect with respect to Metro-North Commuter Railroad and Metropolitan Transportation Authority, staying enforcement of an order of the Supreme Court, Westchester County, dated May 23, 2018, pending hearing and determination of appeals from the order dated May 23, 2018, and to stay enforcement of the order dated May 23, 2018, with respect to Steven Smalls, pending hearing and determination of the appeals from the order 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 granted to the extent that it is confirmed that an automatic stay is in effect staying enforcement of the order dated May 23, 2018, with respect to Metro-North Commuter Railroad and Metropolitan Transportation Authority pending hearing and determination of the appeals from the order and enforcement of the order is stayed with respect to Steven Smalls pending hearing and determination of the appeals, and the motion is otherwise denied; and it is further,ORDERED that the appellants shall perfect the appeals on or before September 13, 2018; and it is further,ORDERED that in the event the appeals are not perfected on or before September 13, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,ORDERED that on the Court’s own motion, the copy of the settlement agreement which was filed under seal with the motion papers shall remain sealed, and the settlement agreement shall be filed under seal, in a separate volume of the joint record or joint appendix, when perfecting the appeals, for in camera review by the panel of justices hearing the appeals.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.MATTER of Flor Graznow, ap, v. Scott Granzow, res — Appeal by Flor Graznow from an order of the Family Court, Orange County, dated October 6, 2017. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the appellant to serve and file a brief is enlarged, and the brief submitted to the Clerk of this Court is accepted for filing and deemed timely served.By Leventhal, J.P.; Sgroi, Cohen and Connolly, JJ.Nella Manko, ap, v. Lenox Hill Hospital, res — Motion by the appellant, inter alia, to recall and vacate so much of a decision and order on motion of this Court dated August 26, 2016, as dismissed an appeal from an order of the Supreme Court, Kings County, dated May 7, 2015, to reinstate the appeal, and to waive the motion filing fee.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is to waive the motion filing fee is denied as unnecessary (see CPLR 8022[b]); and it is further,ORDERED that the motion is otherwise denied.LEVENTHAL, J.P., SGROI, COHEN and CONNOLLY, JJ., concur.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.Manjula Patel, res, v. Vinod Patel, ap — Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this Court dated May 7, 2018, as dismissed an appeal from an order of the Supreme Court, Nassau County, dated August 18, 2015, on the ground that no appeal lies from an order entered upon the default of the appealing party, and dismissed an appeal from a judgment of the same court dated July 31, 2015, for failure to file the transcript of the proceedings , 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.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.MATTER of Jennifer Chimienti, res, v. Nicole Perperis, ap — V-11318-17, V-11319-17) — Motion by the respondent to dismiss an appeal from an order of the Family Court, Nassau County, dated March 5, 2018, on the ground that no appeal lies from an order entered upon consent of the appealing party, to enlarge the record to include the proceedings of certain related matters, and to enlarge the time to serve and file a brief. Separate motion by the appellant to impose a sanction upon the respondent and counsel for the respondent, for an award of an attorney’s fee, and for a preference in the calendaring of the appeal. Application by the appellant to strike the papers filed by the attorney for the children in connection with the respondent’s motion. Separate applications by the respondent and the attorney for the children to enlarge the time to serve and file their respective briefs.Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the appellant’s application and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the separate applications by the respondent and the attorney for the children and the papers filed in opposition thereto, it isORDERED that the application by the attorney for the children to enlarge the time to serve and file a brief is granted, and the time for the attorney for the children to serve and file a brief on the appeal is enlarged until September 17, 2018; and it is further,ORDERED that the branch of the motion which is to enlarge the respondent’s time to serve and file a brief is granted, the respondent’s time to serve and file a brief is enlarged until September 17, 2018, and the respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargements of time shall be granted; and it is further,ORDERED that the respondent’s motion is otherwise denied; and it is further,ORDERED that the appellant’s motion is denied; and it is further,ORDERED that the appellant’s application to strike the papers filed by the attorney for the children in connection with the respondent’s motion is denied; and it is further,ORDERED that the respondent’s application to enlarge the time to serve and file a brief is denied as academic.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.MATTER of River Street Realty Corp., pet, v. City of New Rochelle, res — Motion by the petitioner for leave to serve and file an amended verified petition in a proceeding pursuant to EDPL 207.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted and on or before September 20, 2018, the petitioner shall serve and file an amended verified petition which reflects the additional allegations set forth in the affirmation filed in support of the motion.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.PEOPLE, etc., res, v. Windsor K. Coleman, ap — Motion by the appellant to unseal a certain search warrant affidavit on an appeal from a judgment of the Supreme Court, Nassau County, rendered June 30, 2017.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is denied without prejudice to renew upon proper papers, including an affirmation from counsel indicating whether the search warrant affidavit was previously disclosed to trial counsel.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Rivera, J.P.; Miller, Nelson and Iannacci, JJ.City National Bank, etc., res, v. Foundry Development Group, LLC, et al., appellants def — Motion by the appellants for leave to reargue an appeal from a judgment of the Supreme Court, Orange County, dated October 5, 2015, which was determined by decision and order of this Court dated April 25, 2018, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.RIVERA, J.P., MILLER, BRATHWAITE NELSON and IANNACCI, JJ., concur.By Rivera, J.P.; Cohen, Miller and Christopher, JJ.Town of North Hempstead, ap, v. County of Nassau res — Motion by the respondent William L. Edwards for leave to appeal to the Court of Appeals from a decision and order of this Court dated June 6, 2018, which determined appeals from an amended order of the Supreme Court, Nassau County, entered October 3, 2016, and a judgment of the same court entered October 31, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., COHEN, MILLER and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Austin, Sgroi and Lasalle, JJ.MATTER of Leonard W. Houston, ap, v. Board of Managers Deer Run Condominium Association, etc., res — Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this Court dated June 6, 2018, which determined an appeal from an order of the Supreme Court, Orange County, dated October 27, 2015.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.BALKIN, J.P., AUSTIN, SGROI and LASALLE, JJ., concur.By Scheinkman, P.J.; Dillon, Hinds-Radix and Christopher, JJ.PEOPLE, etc., res, v. Keith Wilkinson, ap — Motion by the appellant on an appeal from a judgment of the County Court, Westchester County, rendered August 12, 2015, in effect, for leave to reargue the respondent’s motion to limit the appellant’s access to the transcripts of the proceedings in the above-entitled action, which was determined by decision and order on motion of this Court dated March 2, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.SCHEINKMAN, P.J., DILLON, HINDS-RADIX and CHRISTOPHER, JJ., concur.By Rivera, J.P.; Miller, Nelson and Iannacci, JJ.World Ambulette Transportation, Inc., res, v. Kwan Haeng Lee, ap — Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, dated entered March 4, 2016, which was determined by decision and order of this Court dated May 16, 2018, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Motion by Leah Ward Sears, an attorney in good standing in the State of Georgia, to be admitted pro hac vice to represent the respondent in connection with the motion.Upon the papers filed in support of the motion for leave to reargue the appeal or, in the alternative, for leave to appeal to the Court of Appeals, and the papers filed in opposition thereto, and upon the papers filed in support of the motion to be admitted pro hac vice and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion to be admitted pro hac vice is granted; and it is further,ORDERED that the motion for leave to reargue the appeal or, in the alternative, for leave to appeal to the Court of Appeals, is denied.RIVERA, J.P., MILLER, BRATHWAITE NELSON and IANNACCI, JJ., concur.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.Ranee Denton, etc., res, v. Dale R. Javino, appellant def — Motion by the appellant, in effect, for summary reversal of an order of the Supreme Court, Suffolk County, dated July 12, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.First American Title Insurance Company, etc., res, v. Marie Chavannes, etc., def, Marvin Comond, ap — Motion by the appellant to impose a sanction upon the respondent and its counsel on an appeal from an order of the Supreme Court, Kings County, dated January 4, 2017.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 Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Jamir T. (Anonymous), ap — Appeal by Jamir T. from an order of the Family Court, Westchester County, dated January 12, 2018. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until September 17, 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 Rhonda S. Parker, ap, v. Jeffrey R. Parker, res — Appeal by Rhonda S. Parker from an order of the Family Court, Orange County, dated July 9, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the 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 Rhonda Parker, ap, v. Jeffrey Parker, res — Appeal by Rhonda Parker from an order of the Family Court, Orange County, dated June 1, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the 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 Orange County Department of Social Services, etc., res, v. Mark C. Marvin, ap — Appeal by Mark C. Marvin from an order of the Family Court, Orange County, dated August 1, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or(5) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Antonia Malakatas, res, v. Kwabena Smikle, ap — Appeal by Kwabena Smikle from an order of the Family Court, Suffolk County, dated June 28, 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 proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the 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 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.PEOPLE, etc., res, v. Miguel Castillo, ap — (S.C.I. No. 1222/15) — Appeal from a judgment of the County Court, Nassau County, rendered September 2, 2015. The appellant was granted poor person relief on January 11, 2016, and on March 27, 2017, the following named attorney was assigned as counsel to prosecute the appeal:Arshad Majid300 Rabro Drive, Suite 112Hauppauge, NY 11758Now, on the Court’s own motion, it isORDERED that the assigned counsel is relieved of the assignment and directed to turn over all papers in the action to new counsel herein assigned; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Mark DiamondBox 287356Yorkville Station, NY 10128and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant’s sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated 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 this Court and the respondent prior to the filing of such brief or motion; and 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 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.MATTER of Jonathan M. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Janine T. (Anonymous), respondent-appellant res — Appeal by Janine T. from an order of the Family Court, Suffolk County, dated March 26, 2018. By decision and order on motion of this Court dated July 6, 2018, the following attorney was assigned as counsel for the appellant on the appeal, and was directed, inter alia, to contact the appellant and determine the appellant’s interest in perfecting the appeal:Abbe Shapiro5507-10 Nesconset Highway, Suite 212Mount Sinai, NY 11766516-330-5490By letter dated August 9, 2018, assigned counsel notified the Court that she has been unable to contact the appellant.On the Court’s own motion, it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered relieving the assigned counsel for the appellant and dismissing the appeal in the above-entitled proceeding 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 12, 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 or their attorneys, and upon the appellant, by regular mail.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Madi Grant, ap — Appeal by Madi Grant from a judgment of the Supreme Court, Nassau County, rendered November 2, 2017. By decision and order on motion of this Court dated January 16, 2018, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:Arshad Majid300 Rabro Drive, Suite 112Hauppauge, NY 11758Now, on the Court’s own motion, it isORDERED that the assigned counsel is relieved of the assignment and directed to turn over all papers in the action to new counsel herein assigned; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Joseph DeFelice125-10 Queens Boulevard, Suite 302Kew Gardens, NY 11415and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant’s sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated 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 this Court and the respondent prior to the filing of such brief or motion; and 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 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.MATTER of Jacquelyn Quatrochi, res, v. Terry Simmons, ap — Appeal by Terry Simmons from an order of the Family Court, Westchester County, dated January 30, 2018. By order on certification of this Court dated May 10, 2018, the following attorney was assigned as counsel for the appellant on the appeal, and was directed, inter alia, to contact the appellant and determine the appellant’s interest in perfecting the appeal:Peter D. Herger399 Knollwood Road, Suite 204White Plains, NY 10603914-325-9179By letter dated August 8, 2018, assigned counsel notified the Court that he has been unable to contact the appellant.On the Court’s own motion, it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered relieving the assigned counsel for the appellant and dismissing the appeal in the above-entitled proceedings 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 12, 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 or their attorneys, and upon the appellant, by regular mail.MATTER of Denise Jeanty, res, v. Mao A. Jean-Pierre, ap — Appeal by Mao A. Jean-Pierre from an order of the Family Court, Nassau County, dated April 12, 2018. By order on certification of this Court dated June 1, 2018, the following attorney was assigned as counsel for the appellant on the appeal, and was directed, inter alia, to contact the appellant and determine the appellant’s interest in perfecting the appeal:Ralph Carrieri200 Old Country Road, Suite 620Mineola, NY 11501516-248-1188By letter dated August 14, 2018, assigned counsel notified the Court that he has been unable to contact the appellant.On the Court’s own motion, it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered relieving the assigned counsel for the appellant and dismissing the appeal in the above-entitled proceeding 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 12, 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 or their attorneys, and upon the appellant, by regular mail.By Cohen, J.PEOPLE, etc., plf, v. Daniel Fabianpoma, 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, Suffolk County, dated June 12, 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 Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Reinardo Adames, ap — Appeals by Reinardo Adames from two judgments of the Supreme Court, Nassau County, both rendered August 17, 2017. By decision and order on motion of this Court dated August 9, 2018, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeals:Arshad Majid300 Rabro Drive, Suite 112Hauppauge, NY 11758Now, on the Court’s own motion, it isORDERED that the assigned counsel is relieved of the assignment and directed to turn over all papers in the action to new counsel herein assigned; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeals:Matthew Muraskin646 Main StreetPort Jefferson, New York 11777and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant’s sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated 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 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 this Court and the respondent prior to the filing of such brief or motion; and 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Christopher, J.PEOPLE, etc., plf, v. Brandon King, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Queens County, dated February 23, 2017, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Christopher, J.PEOPLE, etc., plf, v. Clifton Golding, 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 August 31, 2017, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Christopher, J.PEOPLE, etc., res, GRANTING LEAVE TO APPEAL v. Frank Palompelli, ap — ON APPLICATION — 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 County Court, Orange County, dated November 29, 2017, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is granted; the defendant is granted leave to appeal from the order of the County Court, Orange County, dated November 29, 2017, made in this case; and it is further,CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.FNMA, res, v. Daniel Jackson def, Amanda A. Jackson, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 4, 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.Dutch Wilson, res, v. Mickeys Rides N More, Inc. ap, et al., def — Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Richmond County, dated May 15, 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.Edwin Colon, plf-res, v. New York Mercantile Exchange, Inc., et al., defendants third-party plaintiff-res, S.E.B. Services of New York, Inc.; third-party def-ap, Cushman & Wakefield, Inc., third-party def-res — Application by the third-party defendant-appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 5, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.William Vega, ap, v. Denise Olavarria, etc., res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 6, 2018.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Rangasammy Lucknauth ap, v. Union Mutual Fire Insurance Company, et al., res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 29, 2018.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Christina Shepherd, appellant-res, v. Justin A. Bliss, res-ap, Nelson L. Shedrick, Jr. res — Application by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated January 31, 2018, to withdraw the cross appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the cross appeal is marked withdrawn.Keri S. Censi, res-ap, v. Town of Wallkill, appellant-res, Town of Mount Hope res — Application by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Orange County, dated October 23, 2017, 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.Christopher Veloz, etc. res, v. Richmond County Youth Complex, Inc., et al., ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated April 17, 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.Valerie Percival, res, v. Northwell Health System ap — Application by the appellant Tomasso Adonna on appeals from an order of the Supreme Court, Suffolk County, dated January 16, 2018, for leave to withdraw his 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 by Tomasso Adonna is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.U.S. Bank Trust, N.A., etc., res, v. Iffat Ara Sadique, etc. ap — Application by the appellants to withdraw, as duplicative, an appeal from a judgment of the Supreme Court, Nassau County, entered June 15, 2017, under Appellate Division Docket No. 2018-08397, and to withdraw an appeal from an order of the same court entered December 1, 2017, under Appellate Division Docket No. 2018-08398.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the appeals under Appellate Division Docket Nos. 2018-08397 and 2018-08398 are marked withdrawn, and the appeal from the judgment shall proceed under Appellate Division Docket No. 2017-00936, in accordance with the decision and order on motion of this Court dated July 31, 2018, issued under that docket number.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Ashantewa P. W. L. (Anonymous). Westchester County Department of Social Services, petitioner-res, Doris J. L. (Anonymous), res-res — On the Court’s own motion, it isORDERED that the order on certification of this Court dated August 15, 2018, in the above-entitled case is recalled and vacated, and the following order on certification is substituted therefor:Appeal by Doris J. L. from an order of the Family Court, Westchester County, dated March 29, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Christina T. Hall, dated August 8, 2018, it isORDERED that 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:Adam Joseph Brown199 Main St., Suite 400White Plains, NY 10601212-226-0350and 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 September 4, 2018, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either(1) the appellant is interested in prosecuting the appeal, or(2) the appellant is not interested in prosecuting the appeal, or that he 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 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 appeal, 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 appeal 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, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Dillon, J.PEOPLE, etc., res, v. James Ryan, ap — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated August 16, 2018, is recalled and vacated and the following decision and order on motion is substituted therefor: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 May 9, 2018, 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.
Order on Application released on: August 20, 2018In the Matter of Applications for Extensions of Time — Parties in the following causes have filed applications pursuant to 22 NYCRR 670.8(d)(2) to extend the time to perfect or to serve and file a brief. Upon the papers filed in support of the applications, it is ORDERED that the applications are granted and the following parties in the following causes are granted the specified extensions of time:
