Appellate DivisionSecond DepartmentMotion List released on:August 21, 2018By Dillon, J.P.; Sgroi, Maltese and Connolly, JJ.X&Y Development Group, LLC, ap, v. Epic Tower, LLC res, et al., def — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered February 26, 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 parties to the appeal are directed to show cause why the appeal should or should not be dismissed on the ground that no appeal lies as of right from an order that was not the result of a motion made on notice, and leave to appeal has not been granted (see CPLR 5701), by filing an affirmation or affidavit on those issues with the Clerk of this Court on or before September 6, 2018; and it is further,ORDERED that the application is held in abeyance in the interim; and it is further,ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause on the parties to the appeal by regular mail.DILLON, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.MATTER of Sinem Dokmeci, ap, v. Joseph Herbert, res — Appeal by Sinem Dokmeci from an order of the Family Court, Nassau County, dated August 31, 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, and the brief submitted to the Clerk of this Court is accepted for filing and deemed timely served.MATTER of Victor M. (Anonymous), ap — Appeal by Victor M. from an order of the Family Court, Dutchess County, dated September 14, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on August 14, 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 brief for the respondent in the above-entitled appeal shall be served and filed.MATTER of Marnelle Deronette, ap, v. Rosiny Deronette, res — Appeal by Marnelle Deronette from an order of the Family Court, Nassau County, dated December 15, 2017. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until September 20, 2018.MATTER of Alena Raymond, res, v. Kednel Raymond, ap — (Proceeding No. 1)MATTER of Kednel Raymond, ap, v. Alena Raymond, res — (Proceeding No. 2) V-24719-11/11A, V-24719-11/14B) — Appeals by Kednel Raymond from two orders of the Family Court, Kings County, both dated February 14, 2018. The appellant’s brief was filed in the office of the Clerk of this Court on August 15, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the respondent’s brief shall be served and filed within 30 days of the date of this .MATTER of Josephine Rodriguez, ap, v. ACS-Kings, res — V-22353-17, V-22354-17) — Appeal by Josephine Rodriguez from an order of the Family Court, Kings County, dated November 28, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent Administration for Children’s Services to serve and file a brief on the appeal is enlarged until September 19, 2018.MATTER of Melissa Disisto, res, v. Francis Dimitri, ap — Appeal by Francis Dimitri from an order of the Family Court, Westchester County, dated December 15, 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.MATTER of Cheryl P. (Anonymous). Orange County Commissioner of Social Services, petitioner-res, Ayanna M. (Anonymous), res-res — Appeal by Ayanna M. from an order of the Family Court, Orange County, dated March 7, 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 20, 2018.MATTER of Aaliyah B. (Anonymous). Administration for Childrens Services, petitioner-res, Althea R. (Anonymous), respondent-appellant res — (Proceeding No. 1)MATTER of Allana R. (Anonymous). Administration for Childrens Services, petitioner-res, Althea R. (Anonymous), respondent-appellant res — (Proceeding No. 2) — Appeal by Althea R. from an order of the Family Court, Kings County, dated August 9, 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 Aaliyah B. to serve and file a brief on the appeal is enlarged until September 21, 2018.MATTER of Mohammed D. (Anonymous), ap — Appeal by Mohammed D. from an order of the Family Court, Queens County, dated March 14, 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 20, 2018.Lawrence Gugliara, res, v. Stefanie Veras, ap — Appeal by Stefanie Veras from an order of the Supreme Court, Kings County, entered June 15, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the children to serve and file a brief on the appeal is enlarged until September 17, 2018.ORDERED that no further enlargement of time shall be granted.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.MATTER of Aliyah T. (Anonymous). Administration for Childrens Services, petitioner-res, Jaivon T. (Anonymous), res-res — (Proceeding No. 1)MATTER of Adrianna H. (Anonymous). Administration for Childrens Services, petitioner-res, Jaivon T. (Anonymous), res-res — (Proceeding No. 2) — Motion by the attorney for the children to direct the nonparty Margaret K. to produce the children for an interview on appeals from three orders of the Family Court, Richmond County, one dated March 29, 2017, and two dated June 30, 2017, and to enlarge the time to serve and file a brief.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that on or before September 20, 2018, the nonparty Margaret K. shall produce the children for an interview at the office of the attorney for the children; and it is further,ORDERED that the time for the attorney for the children to serve and file a brief is enlarged until October 22, 2018, and the brief shall be served and filed on or before that date.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Barros, Connolly and Christopher, JJ.HSBC Bank USA, National Association, etc., plf-res, v. Patti Scivoletti, ap, GE Money Bank def-res, et al., def — 2017-11635HSBC Bank USA, National Association, etc.,plaintiff-respondent, v. Patti Scivolettiappellants, GE Money Bank defendants-, respondents defendants.(Index No. 4107/16) Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, entered October 28, 2016, and September 5, 2017, respectively, to consolidate the appeals, and for an award of costs and an attorney’s fee.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that on the Court’s own motion, the parties to the appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order entered September 5, 2017, insofar as taken on behalf of the deceased appellant Robert Scivoletti, as the attorney who filed the notice of appeal lacked authority to act on his behalf and the notice of appeal is a nullity as to him (see Lewis v. Kessler, 12 AD3d 421, 422), by filing an affirmation or affidavit on that issue in the office of the Clerk of the Court and serving one copy of the same on each other on or before September 12, 2018; and it is further,ORDERED that the motion is held in abeyance in the interim; and it is further,ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause on the parties to the appeal by regular mail.CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.MATTER of Kamiyah D. B. v. (Anonymous). Little Flower Children and Family Services of New York, petitioner-res, Myron B. (Anonymous), respondent-appellant res — Appeal by Myron B. from an order of the Family Court, Queens County, dated September 11, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the petitioner-respondent to serve and file a brief on the appeal is enlarged until October 1, 2018.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 §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 24, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Robert Castaldi res, v. Syosset Central School District, def, Oyster Bay-East Norwich Central School District, ap — Appeal by Oyster Bay-East Norwich Central School District from a decision of the Supreme Court, Nassau County, dated July 11, 2018.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Co., 100 AD2d 509).SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Ted Farkas, res, v. Margaret Farkas, ap — Appeal by Margaret Farkas from an order of the Family Court, Suffolk County, dated October 13, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until September 14, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Alicia M. Smith, res, v. Dale L. Smith, ap — Appeal by Dale L. Smith from a judgment of the Supreme Court, Kings County, dated March 27, 2018. By dated July 10, 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 Supreme 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 action for failure to comply with the dated July 10, 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 Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Marcus A. Dennis, res, v. Chriscynthia McDonald, ap — Appeal by Chriscynthia McDonald from an order of the Family Court, Nassau County, dated December 29, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Edward J. Emanuele, dated August 16, 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:Kristina HeuserP.O. Box 672Locust Valley, NY 11560516-676-1565and it is further,ORDERED that assigned counsel shall promptly attempt to contact the respondent at the address provided by the Court, and shall notify the Case Manager assigned to the appeal on or before September 4, 2018, in writing, that she has done so and that either(1) the respondent is interested in responding to the appeal, or(2) the respondent is not interested in responding to the appeal, or that she has been unable to contact the respondent, and wishes to be relieved of the assignment.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Joseph Z. (Anonymous). Administration for Childrens Services, petitioner- res, Yola L.- Z. (Anonymous), respondent- appellant res — Appeal by Yola L.- Z. from an order of the Family Court, Kings County, dated March 14, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until October 4, 2018.By Rivera, J.P.; Miller, Hinds-Radix and Maltese, JJ.PEOPLE, plf, v. Kathleen Callanan, def — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated March 2, 2018, in the above-entitled matter, is amended by deleting from the first paragraph thereof the name “Carlos A. Pascual” and substituting therefor the name “Kathleen Callanan.”RIVERA, J.P., MILLER, HINDS-RADIX and MALTESE, JJ., concur.By Dillon, J.P.; Sgroi, Maltese and Connolly, JJ.MATTER of Mary Neller, etc., deceased. Paul P. Neller petitioners-res, Georgianna Neller, res-res — (File No. 733F/11) — Motion by the respondent-appellant to stay enforcement of an order of the Surrogate’s Court, Richmond County, dated March 20, 2018, and to stay her eviction from the subject premises or to stay the sale of the subject premises, pending hearing and determination of an appeal from the order.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.DILLON, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Dillon, J.P.; Sgroi, Maltese and Connolly, JJ.New Deal Day Care and Learning Center, Inc., ap, v. Galaxy Realty Corp. res — Motion by the appellant, inter alia, to stay the sale, transfer, or encumbrance of the subject premises and to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered June 27, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.DILLON, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Dillon, J.P.; Sgroi, Maltese and Connolly, JJ.MATTER of Daviah v. (Anonymous). Administration for Children’s Services, petitioner-appellant; Davida v. V. (Anonymous), et al., res-res — (Proceeding No. 1)MATTER of Ishyiah v. (Anonymous). Administration for Children’s Services, petitioner-appellant; Davida v. V. (Anonymous), et al., res-res — (Proceeding No. 2)MATTER of Ishmael P. (Anonymous). Administration for Children’s Services, petitioner-appellant; Davida v. V. (Anonymous), et al., res-res — (Proceeding No. 3)MATTER of Davin v. (Anonymous). Administration for Children’s Services, petitioner-appellant; Davida v. V. (Anonymous), et al., res-res — (Proceeding No. 4) N-15611-18, N-15613-18) — Motion by the petitioner-appellant to stay enforcement of an order of the Family Court, Kings County, dated July 31, 2018, and to continue the remand of the subject children to its care and custody, pending hearing and determination of an appeal from the order.Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it isORDERED that the motion is granted, and enforcement of the order is stayed and the remand of the subject children to the petitioner-appellant’s care and custody is continued, pending hearing and determination of the appeal.DILLON, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.MATTER of Daviah v. (Anonymous). Administration for Children’s Services, petitioner-appellant; Davida v. V. (Anonymous), et al., res-res — (Proceeding No. 1)MATTER of Ishyiah v. (Anonymous). Administration for Children’s Services, petitioner-appellant; Davida v. V. (Anonymous), et al., res-res — (Proceeding No. 2)MATTER of Ishmael P. (Anonymous). Administration for Children’s Services, petitioner-appellant; Davida v. V. (Anonymous), et al., res-res — (Proceeding No. 3)MATTER of Davin v. (Anonymous). Administration for Children’s Services, petitioner-appellant; Davida v. V. (Anonymous), et al., res-res — (Proceeding No. 4) N-15611-18, N-15613-18) — Appeal by Administration for Children’s Services from an order of the Family Court, Kings County, dated July 31, 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 petitioner-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the petitioner-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 petitioner-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 Dillon, J.P.; Sgroi, Maltese and Connolly, JJ.Dependable HCS, LLC, res, v. Dependable Home Care, Inc., ap — 2018-09078, 2018-09079Dependable HCS, LLC, respondent,v Dependable Home Care, Inc., appellant.(Index No. 513083/18) Motion by the appellant (1) for leave to appeal to this Court from an order to show cause of the Supreme Court, Kings County, dated June 27, 2018, and two orders of the same court dated June 27, 2018, and July 18, 2018, respectively, (2) to stay enforcement of a temporary restraining order contained in the order to show cause and to stay enforcement of the orders dated June 27, 2018, and July 18, 2018, pending hearing and determination of the appeals, and (3) to consolidate the appeals from the order to show cause and the order dated June 27, 2018, with the appeal from the order dated July 18, 2018.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 granted; and it is further,ORDERED that the branch of the motion which is to stay enforcement of the temporary restraining order contained in the order to show cause dated June 27, 2018, and the orders dated June 27, 2018, and July 18, 2018, is granted to the extent that enforcement of the temporary restraining order contained in the order to show cause, the order dated June 27, 2018, and the portion of the order dated July 18, 2018, which is labeled as provisions “(1)” and “(2)” is stayed pending hearing and determination of the appeals or determination of the underlying motion for a preliminary injunction initiated by the order to show cause, whichever occurs first, and that branch of the motion is otherwise denied; and it is further,ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).DILLON, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.Jerzy Polanski-Tarnawa, plf-res, v. Kean Development Company, Inc., defendant third- party plf, Precision Stone, Inc., def, Tonys Lawn Services and Construction, Inc., third-party def-ap — Application by the third-party defendant-appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 16, 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.Steven D. Kraidman res, v. Dan Li ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 6, 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.MATTER of AAA Carting and Rubbish Removal, Inc., ap, v. Village of Sloatsburg res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 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.U.S. Bank National Association, etc., ap, v. Patricia Medina, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 24, 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.Frances Cascio, res, v. Elias Properties Massapequa Park, LLC def, Incorporated Village of Massapequa Park, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 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.Keri S. Censi, ap, v. Town of Wallkill, al., res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated October 23, 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.MATTER of Save Bayville Now, Inc., res, v. Inc. Village of Bayville, ap — Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 30, 2016.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Green Tree Servicing, LLC, plf, v. Veronica Chiarito, ap, Wilmington Savings Fund Society, FSB, etc., res — Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Rockland County, dated July 27, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Dillon, J.P.; Sgroi, Maltese and Connolly, JJ.MATTER of City Council of Mount Vernon, et al., pet-res, v. City of Mount Vernon appellants res — Motion by City of Mount Vernon and Richard Thomas, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated June 8, 2018, and to stay the petitioners-respondents from preventing them from taking certain actions with respect a public park known as Memorial Field, 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.DILLON, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.Alex Budai, res, v. Mailloff, Inc., et al., ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 10, 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.Colette Blackwell res, v. Livingston Pitter ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 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.Abubakarr Brima, ap, v. Beverly Greene-Innis, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 25, 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.State Farm Fire and Casualty Company, etc., ap, v. LG Electronics USA, Inc., et al., res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, entered January 8, 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 Dillon, J.P.; Sgroi, Maltese and Connolly, JJ.Kela Tennis, Inc., res, v. City of Mount Vernon ap, et al., def — Motion by City of Mount Vernon and Richard Thomas, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated June 8, 2018, and to stay enforcement of a certain temporary restraining order, pending hearing and determination of the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,ORDERED that 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.DILLON, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Dillon, J.P.; Sgroi, Maltese and Connolly, JJ.MATTER of Hannah T. R. (Anonymous). Administration for Childrens Services, petitioner-res, Soya R. (Anonymous), res-res — Renewed motion by the respondent-appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated September 12, 2017, as a poor person and for the assignment of counsel.Upon the papers filed in support of the motion and no papers filed in opposition or 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 briefs of the respondent-appellant, the petitioner-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 respondent-appellant’s 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 respondent-appellant’s brief upon those parties; and it is further,ORDERED that pursuant to Family Court Act §1120 the following named attorney is assigned as counsel to prosecute the appeal:David Laniado411 Westminster Road, Suite 2Cedarhurst, NY 11516516-599-8999and 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the respondent-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 decision and order on motion; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, the 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 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 this decision and order on motion has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this decision and order on motion, 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.DILLON, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Peter T. (Anonymous), Jr. Westchester County Department of Social Services, petitioner-res, Shay S. P. (Anonymous), a/k/a Shay S. T. (Anonymous), respondent-appellant res — Appeal by Shay S. P., a/k/a Shay S. T., from an order of the Family Court, Westchester County, dated March 6, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of George E. Reed, Jr., dated August 18, 2018, it isORDERED that the respondent-appellant is granted leave to proceed as a poor person on the appeal and following named attorney is assigned as counsel to prosecute the appeal:George E. Reed, Jr.222 Mamaroneck Avenue, Suite 303White Plains, NY 10605914-946-5000ORDERED 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 respondent-appellant, the petitioner-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 respondent-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 respondent-appellant’s 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 respondent-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 appeal is taken; and it is further,ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this 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 appeal; 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 appeal is taken, the date thereof, and the date by which the transcripts are 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 order, 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Maltese, J.PEOPLE, etc., res, v. William McCoy, ap — Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Nassau County, rendered June 29, 2018, and to release the appellant on his own recognizance.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 21, 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:Bitar v. Yorkshire Realty, LLC, 2018-00882, P.S. Convenience Store, September 14, 2018Bonanni v. Horizons Investors Corp., 2017-06803, Horizons Investors Corp., Benito Fernandez, September 21, 2018Cuneo v. Shorecliff Cottages Corporation, 2017-02035, Maria Cuneo, Jacqueline Cuneo, August 31, 2018Davis v. Farrell Fritz, P.C., 2018-01215, Farrell Fritz, P.C., John R. Morken, September 4, 20181De La Bastide v. De La Bastide, 2018-00783, Thomas De La Bastide, September 20, 20181DeMartino v. Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, 2017-08411, Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, Jennifer Santaniello, Esq., Robert Abrams, Esq., October 4, 2018Deutsche Bank National Trust Co. v. Bonal, 2018-00694, Deutsche Bank National Trust Company, October 5, 20181Deutsche Bank National Trust Company v. Allenstein, 2018-01104, Contact Holdings Corp., September 26, 20181Deutsche Bank Trust Company Americas v. Miller, 2018-05996, Deutsche Bank Trust Company Americas, September 28, 2018Garguilo v. Monterosso, 2018-02650, Steven Monterosso, Frances Monterosso, October 4, 2018Haughey v. Kindschuch, 2018-00909, Mark Kindschuch, September 12, 2018Lesniak v. Queens Dental Center, 2017-09555, Howard Lee, September 27, 2018Matter of DeMairo v. State of New York, 2017-08118, State of New York, September 4, 2018Matter of Thomas v. City of New Rochelle, 2018-03419, City of New Rochelle, October 26, 2018Mendoza v. Yepez, 2018-04650, Wilmar Mendoza, November 7, 2018O.K. v. Y.M. & Y.W.H.A. of Williamsburg, Inc., 2018-02425, Y.M. & Y.W.H.A. of Williamsburg, Inc., Young Men’s and Young Women’s Association of Williamsburg, Inc., October 1, 2018Pena v. Deutsche Bank National Trust Company, 2017-12585, Deutsche Bank National Trust Company, September 17, 2018People v. Davis, Sahiah, 2014-00099, People of State of New York, September 17, 2018People v. Hall, Royal, 2016-13478, People of State of New York, August 27, 2018People v. Hollmond, Tyron, 2015-02257, People of State of New York, September 12, 2018People v. Purdie, Eugene, 2017-03561, Eugene Purdie, August 31, 2018Plotkin v. Republic-Franklin Insurance Company, 2018-03354, Chaya Plotkin, October 19, 2018Reid v. Reid, 2018-00855, Irene Reid, August 24, 20181Wells Fargo Bank National Association v. Kehres, 2018-03061, Sandra Kehres, Gary Kehres, October 16, 20181Wells Fargo Bank, N.A. v. Morgan, 2018-03707, Wells Fargo Bank, N.A., October 9, 2018
