Appellate DivisionSecond DepartmentMotion List released on:August 28, 2018By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Marash Gjelaj, res, v. Anisa Gjelaj, ap — Appeal by Anisa Gjelaj from a judgment of the Supreme Court, Westchester County, dated April 26, 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 October 1, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Avery M. (Anonymous). Administration for Childrens Services, petitioner-res, Carlina W. (Anonymous), res-res — Appeal by Carlina W. from an order of the Family Court, Kings County, dated February 9, 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 24, 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 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 June 27, 2018. The appellant’s brief was filed in the office of the Clerk of this Court on August 22, 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 petitioner-respondent and the attorney for the child in the above-entitled appeal shall be served and filed.MATTER of Noelia Barbosa, res, v. Jose Matias, ap — Appeal by Jose Matias from an order of the Family Court, Richmond County, dated February 6, 2018. The appellant’s brief was filed in the office of the Clerk of this Court on August 22, 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.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Samuel Ejiogu, pet-res, v. Zenaba Toure, appellant res — Appeal by Zenaba Toure from an order of the Family Court, Kings County, dated April 27, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Francine Silverstein, dated August 17, 2018, it isORDERED that the petitioner-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:Larry S. Bachner39 Broadway, Suite 1610New York, New York 10006(917) 674-9516and it is further,ORDERED that assigned counsel shall promptly attempt to contact the petitioner-respondent at the address provided by the Court, and shall notify the Case Manager assigned to the appeal on or before September 12, 2018, in writing, that he has done so and that either(1) the petitioner-respondent is interested in responding to the appeal, or(2) the petitioner-respondent is not interested in responding to the appeal, or that he has been unable to contact the petitioner-respondent, and wishes to be relieved of the assignment.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Mastro, J.P.; Leventhal, Miller, Hinds-Radix and Iannacci, JJ.Gerald Jones, res, v. Westchester County, ap — Motion by the appellant to confirm that an automatic stay is in effect pursuant to CPLR 5519(a) staying the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated June 25, 2018.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and it is confirmed that the trial in the above-entitled action is stayed pending hearing and determination of the appeal.MASTRO, J.P., LEVENTHAL, MILLER, HINDS-RADIX and IANNACCI, JJ., concur.MATTER of Corry Hyer, ap, v. Eric Liberman, res — Appeal by Corry Hyer from an order of the Family Court, Westchester County, dated July 17, 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.Raul Cepeda res, v. 30-19 Northern LLC res-ap, Palatial Concrete, Ltd., appellant-res — Application by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated March 19, 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.Howard Hammer, etc. ap, v. Gary J. Reetz res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 4, 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 Rivera, J.P.; Leventhal, Miller and Connolly, JJ.U.S. Bank National Association, etc., res, v. Joycelyn Adams, ap, et al., def — Motion by the appellant to stay all proceedings in the above-entitled action and to stay the sale of the subject premises, pending hearing and determination of an appeal from a judgment of the Supreme Court, Kings County, dated May 15, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.By Rivera, J.P.; Leventhal, Miller and Connolly, JJ.Deutsche Bank National Trust Company, res, v. Deepak Gulati ap, et al., def — 2018-09909Deutsche Bank National Trust Company,respondent, v. Deepak Gulati appellants,et al., defendants.(Index No. 18725/10) Motion by the appellants on appeals from an order of the Supreme Court, Nassau County, entered June 13, 2017, and a judgment of the same court entered May 22, 2018, to stay enforcement of the judgment, pending hearing and determination of the appeals.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., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Quaiza S. P. (Anonymous). Westchester County Department of Social Services, petitioner-res, Sean S. (Anonymous), res-res — (Proceeding No. 1) MATTER of Disneey C. (Anonymous). Westchester County Department of Social Services, petitioner-res, Sean S. (Anonymous), res-res — (Proceeding No. 2) — Appeal by Sean S. from an order of the Family Court, Westchester, County, dated November 2, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the children to serve and file a brief on the appeal is enlarged until September 26, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Rivera, J.P.; Leventhal, Miller and Connolly, JJ.Mirbourne NPN 2 LLC, res, v. Van Douglas Walker, ap — Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated July 30, 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.RIVERA, J.P., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.By Rivera, J.P.; Leventhal, Miller and Connolly, JJ.MTGLQ Investors, L.P., res, v. James M. Morrissey, etc., ap, et al., def — Motion by the appellant to stay the foreclosure sale of the subject property pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 17, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.By Rivera, J.P.; Leventhal, Miller and Connolly, JJ.MTGLQ Investors, L.P., res, v. James M. Morrissey, etc., ap, et al., def — Motion by the appellant to stay the foreclosure sale of the subject property pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 17, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.By Rivera, J.P.; Leventhal, Miller and Connolly, JJ.Matthew J. Smith, res, v. Nobiletti Builders Inc. ap, et al., def — Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated June 29, 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 all proceedings in the above-entitled action, except nonparty discovery, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 27, 2018; and it is further,ORDERED that in the event the appeal is not perfected on or before September 27, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.RIVERA, J.P., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.MATTER of Ramin Abizadeh, ap, v. Galit Abizadeh, res — Appeal by Ramin Abizadeh from an order of the Family Court, Nassau County, dated April 19, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until October 8, 2018.By Chambers, J.P.; Austin, Roman and Iannacci, JJ.MATTER of Genella Lintao, ap, v. Richard Delgado, res — Motion by the appellant, in effect, to stay enforcement of an order of the Family Court, Kings County, dated August 17, 2017, pending hearing and determination of an appeal therefrom, to reinstate a temporary order of visitation of the same court dated March 29, 2016, and for a preference in the calendaring of the appeal. Separate motion by the respondent to relieve the attorney for the child and to assign a new attorney for the child.Upon the papers filed in support of the appellant’s motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the respondent’s motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motions are denied.CHAMBERS, J.P., AUSTIN, ROMAN and IANNACCI, JJ., concur.By Rivera, J.P.; Leventhal, Miller and Connolly, JJ.MATTER of Damaya S. (Anonymous). Administration for Children’s Services, petitioner- appellant; Demetrius R. G. (Anonymous), res-res — (Proceeding No. 1) MATTER of London S. G. (Anonymous). Administration for Children’s Services, petitioner- appellant; Demetrius R. G. (Anonymous), res-res — (Proceeding No. 2) MATTER of Demetrius R. G. (Anonymous). Administration for Children’s Services, petitioner- appellant; Demetrius R. G. (Anonymous), res-res — (Proceeding No. 3) MATTER of Jada F. (Anonymous). Administration for Children’s Services, petitioner- appellant; Demetrius R. G. (Anonymous), res-res — (Proceeding No. 4) MATTER of Madison F. (Anonymous). Administration for Children’s Services, petitioner- appellant; Demetrius R. G. (Anonymous), res-res — (Proceeding No. 5) MATTER of Izabell F. (Anonymous). Administration for Children’s Services, petitioner- appellant; Demetrius R. G. (Anonymous), res-res — (Proceeding No. 6) N-34129-17, N-34131-17, N-34130-17, N-34132-17) — Motion by the petitioner-appellant, inter alia, to stay enforcement of an order of the Family Court, Kings County, dated August 3, 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.RIVERA, J.P., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.MATTER of Damaya S. (Anonymous). Administration for Children’s Services, petitioner- appellant; Demetrius R. G. (Anonymous), res-res — (Proceeding No. 1) MATTER of London S. G. (Anonymous). Administration for Children’s Services, petitioner- appellant; Demetrius R. G. (Anonymous), res-res — (Proceeding No. 2) MATTER of Demetrius R. G. (Anonymous). Administration for Children’s Services, petitioner- appellant; Demetrius R. G. (Anonymous), res-res — (Proceeding No. 3) MATTER of Jada F. (Anonymous). Administration for Children’s Services, petitioner- appellant; Demetrius R. G. (Anonymous), res-res — (Proceeding No. 4) MATTER of Madison F. (Anonymous). Administration for Children’s Services, petitioner- appellant; Demetrius R. G. (Anonymous), res-res — (Proceeding No. 5) MATTER of Izabell F. (Anonymous). Administration for Children’s Services, petitioner- appellant; Demetrius R. G. (Anonymous), res-res — (Proceeding No. 6) N-34129-17, N-34131-17, N-34130-17, N-34132-17) — Appeal by Administration for Children’s Services from an order of the Family Court, Kings County, dated August 3, 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 Rivera, J.P.; Leventhal, Miller and Connolly, JJ.Partners for Payment Relief, LLC, plf, v. Paul A. Sullivan, def — Motion by Paul A. Sullivan for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated July 30, 2018, and to stay enforcement of the 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 the motion is otherwise denied as academic.RIVERA, J.P., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.By Scheinkman, P.J.; Austin, Miller and Connolly, JJ.U.S. Bank National Association, etc., res, v. Mike Ramlogan, appellant def — Motion by the appellant to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated July 31, 2018.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that on the Court’s own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,ORDERED that the motion is dismissed for failure to provide proof of service in accordance with the terms of the order to show cause.SCHEINKMAN, P.J., AUSTIN, MILLER and CONNOLLY, JJ., concur.By Scheinkman, P.J.; Austin, Miller and Connolly, JJ.Nationstar Mortgage, LLC, respondent v. Charmaine Yap, appellant def — Motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated August 16, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied; and it is further,ORDERED that on the Court’s own motion, the parties to the appeal 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 August 16, 2017, terminated with entry of the final judgment of the Supreme Court, Queens County, entered January 25, 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 18, 2018, or by making a motion, on or before September 18, 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 appellant 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 parties to the appeal by regular mail.SCHEINKMAN, P.J., AUSTIN, MILLER and CONNOLLY, JJ., concur.MATTER of Robert L. Werner, ap, v. Heather Mazzenga, res — F-01222-09/17K, F-01282-09/17A, F-01282-09/17B, V-02133-17/17A, V-02133-17/17B, V-02133-17/17C) — Appeal by Robert L. Werner from an order of the Family Court, Rockland County, dated June 13, 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.MATTER of Nicole Marie Iacono, ap, v. Dennis Nieves, Jr., res — Appeal by Nicole Marie Iacono from an order of the Family Court, Kings County, dated August 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 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) 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.By Rivera, J.P.; Leventhal, Miller and Connolly, JJ.Theresa Roesler, res, v. John Roesler, ap — Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Suffolk County, dated June 7, 2018, as permits the respondent to charge up to $10,000 per month on the parties’ credit cards for personal expenses, 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 granted, and enforcement of so much of the order as permits the respondent to charge up to $10,000 per month on the parties’ credit cards for personal expenses is stayed pending hearing and determination of the appeal or entry of a judgment of divorce in the above-entitled action, whichever occurs first.RIVERA, J.P., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.MATTER of Chaim Kolodny, ap, v. Dara Hellman, res — Appeal by Chaim Kolodny from an order of the Family Court, Kings County, dated July 2, 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 Marta A. Miszczak, res, v. Eva M. Szymanik, ap — Appeals by Eva M. Szymanik from two orders of the Family Court, Kings County, both dated July 12, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeals in the above-entitled proceeding shall be perfected 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 appeals; 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 appeals, a motion in this Court for leave to prosecute the appeals 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 appeals; 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 appeals to show cause why the appeals should or should not be dismissed.By Rivera, J.P.; Austin, Connolly and Iannacci, JJ.Wells Fargo Bank, res, v. Eric Armstead, appellant def — Motion by the appellant to stay enforcement of an order of the Supreme Court, Richmond County, dated December 16, 2016, 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 as academic in light of the decision and order on motion of this Court dated August 16, 2018, which dismissed the appeal.RIVERA, J.P., AUSTIN, CONNOLLY and IANNACCI, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC its Trustee, res, v. Public Administrator of Nassau County def, Michael Dombek Jr., ap — Appeal from an order of the Supreme Court, Nassau County, dated October 30, 2017.On the Court’s own motion, it isORDERED that the appellant’s time to perfect the appeal is enlarged until October 29, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Rivera, J.P.; Leventhal, Miller and Connolly, JJ.Wells Fargo Bank, NA, etc., res, v. Rita A. Pelt, appellant def — Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Nassau County, entered October 6, 2016, and February 14, 2017, respectively, for failure to timely perfect.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeals are dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).RIVERA, J.P., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.By Rivera, J.P.; Leventhal, Miller and Connolly, JJ.U.S. Bank National, etc., res, v. Patricia Love def, David Cohan, ap — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated August 18, 2016, for failure to timely perfect.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).RIVERA, J.P., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.By Rivera, J.P.; Leventhal, Miller and Connolly, JJ.John Langley, ap, v. Onewest Bank, etc. res — Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, dated February 1, 2017, for failure to timely perfect.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).RIVERA, J.P., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.By Rivera, J.P.; Leventhal, Miller and Connolly, JJ.Deutsche Bank National Trust Company, etc., res, v. David Golding defendants; Conroy White, nonparty-ap — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated September 26, 2016, for failure to timely perfect.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).RIVERA, J.P., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC its Trustee, res, v. Public Administrator of Nassau County def, Michael Dombek Jr., ap — Appeal from an order of the Supreme Court, Nassau County, dated December 5, 2017.On the Court’s own motion, it isORDERED that the appellant’s time to perfect the appeal is enlarged until October 29, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Dillon, J.P.; Cohen, Duffy, Connolly and Christopher, JJ.Wells Fargo, etc., res, v. Shaindy Silber, appellant def — Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Kings County, both dated September 11, 2017, for failure to timely perfect.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and the appeals are dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).DILLON, J.P., COHEN, DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC its Trustee, res, v. Public Administrator of Nassau County def, Michael Dombek Jr., ap — Appeal from a judgment of the Supreme Court, Nassau County, dated December 5, 2017.On the Court’s own motion, it isORDERED that the appellant’s time to perfect the appeal is enlarged until October 29, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Rikisha Reid, appellant, v Ian Brown, respondent.On the Court’s own motion, iIt is ORDERED that the decision and order on motion of this Court dated February 26, 2018, in the above-entitled matter, on an appeal from an order of the Family Court, Kings County, dated June 12, 2017, is amended by deleting from the first paragraph thereof the word “Suffolk” and substituting therefor the word “Kings.”
Order on Application released on: August 27, 2018IN 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:
