Motion List released on: June 3, 2020 By Leventhal, J.P., Miller, Duffy, Barros, JJ. U.S. BANK NA, ETC., res, v. MIRIAM WARSHAW, ET AL., app, ET AL., def Motion by the respondent on appeals from two decisions of the Supreme Court, Nassau County, entered March 15, 2019, and January 22, 2020, respectively, an order of the same court entered March 15, 2019, and an order and judgment (one paper) of the same court entered January 23, 2020, to dismiss the appeals from the decision entered March 15, 2019, and the order entered March 15, 2019, on the ground that the right of direct appeal therefrom terminated upon entry of the order and judgment. Separate motion by the appellants to consolidate the appeals from the decision entered March 15, 2019, and the order entered March 15, 2019, with the appeal from the decision entered January 22, 2020, and the appeal from the order and judgment, and, in effect, for leave to serve and file a supplemental record containing the decision entered January 22, 2020, and the order and judgment, and the notices of appeal from that decision and the order and judgment. Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is ORDERED that on the Court’s own motion, the appeals from the decisions are 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); and it is further, ORDERED that the appellants’ motion is granted to the extent that the appeal from the order entered March 15, 2019, and the order and judgment are consolidated, the record and the appellants’ brief filed in connection with the appeal from the order entered March 15, 2019, are also deemed to be filed in connection with the appeal from the order and judgment, and on or before July 6, 2020, the appellants shall submit corrected covers for the copies of the record and briefs filed with the Clerk of this Court that include Appellate Division Docket Nos. 2019-09347 and 2020-01242, and omit Appellate Division Docket No. 2019-09348, upload replacement digital copies of the record and the appellants’ brief through the digital portal on this Court’s website that contain the corrected covers, serve a supplemental record containing the decision entered January 22, 2020, the order and judgment, and the notice of appeal from the order and judgment, and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court’s website, and the appellants shall file an original and five hard copies of the supplemental record in accordance with any applicable administrative order or other order to be issued by the Court and, and the appellants’ motion is otherwise denied as academic; and it is further, ORDERED that the branch of the respondent’s motion which is to dismiss the appeals is denied as academic with respect to the appeal from the decision entered March 15, 2019, and is held in abeyance with the respect to the appeal from the order entered March 15, 2019, and that branch of the respondent’s motion is referred to the panel of Justices hearing the appeals from the order entered March 15, 2019, and the order and judgment for determination upon the argument or submission thereof; and it is further, ORDERED that on the Court’s own motion, the respondent’s time to serve and file a brief is extended, and on or before August 5, 2020, the respondent shall serve a respondent’s brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website, and file an original and five hard copies of the brief in accordance with any applicable administrative order or other order to be issued by the Court. LEVENTHAL, J.P., MILLER, DUFFY and BARROS, JJ., concur. By Rivera, J.P., Chambers, Austin, Wooten, JJ. BANK OF NEW YORK MELLON, ETC., res, v. CURTIS LEE, ETC., app, ET AL., def; BANK OF NEW YORK MELLON, ETC., res, v. CURTIS LEE, ETC., app, ET AL., def Motion by the appellant, inter alia, to deem the record and the appellant’s brief filed in connection with appeals from two orders of the Supreme Court, Queens County, one dated January 18, 2019, and one entered January 30, 2019, to be filed in connection with an appeal from an order and judgment (one paper) of the same court dated January 2, 2020. Cross motion by the respondent to dismiss the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the order and judgment, or, in the alternative, to extend the time to serve and file a brief. Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted to the extent that the record and the appellant’s brief filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the order and judgment, and the motion is otherwise denied; and it is further, ORDERED that the branch of the cross motion which is to dismiss the appeals from the orders is granted, and the appeals from the orders are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further, ORDERED that on or before July 6, 2020, the appellant shall initialize NYSCEF with respect to Appellate Division Docket No. 2020-1308, serve and file a replacement record and appellant’s brief via NYSCEF under Appellate Division Docket No. 2020-1308 that contain covers which include Appellate Division Docket No. 2020-01308, and omit Appellate Division Docket Nos. 2019-05072 and 2019-05073, submit corrected covers of the copies of the record and the appellant’s brief filed with the Clerk of this Court, and serve and file a supplemental record via NYSCEF under Appellate Division Docket No. 2020-1308 that contains the order and judgment and the notice of appeal from the order and judgment, and file an original and five hard copies of the supplemental record in accordance with any applicable administrative order or other order to be issued by the Court; and it is further, ORDERED that the branch of the cross motion which is to extend the time to serve and file a brief is granted, the respondent’s time to serve and file a brief via NYSCEF under Appellate Division Docket No. 2020-1308 is extended until August 6, 2020, and the respondent shall file the original and five hard copies of the respondent’s brief in accordance with any applicable administrative order or other order to be issued by the Court. RIVERA, J.P., CHAMBERS, AUSTIN and WOOTEN, JJ., concur. By Rivera, J.P., Austin, Miller, Wooten, JJ. THE PEOPLE, ETC., res, v. DANIEL NIETO, app Motion by the appellant to be furnished with the transcripts of certain proceedings on an appeal from a judgment of the Supreme Court, Richmond County, rendered July 27, 2017. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is granted; and it is further, ORDERED that the decision and order on motion of this Court dated December 27, 2017, which granted poor person relief to the appellant, is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the proceedings which occurred on January 26, 2016, February 22, 2016, March 24, 2016, May 26, 2016, July 7, 2016, August 10, 2016, September 6, 2016, October 31, 2016, and November 16, 2016, in the above-entitled matter, if available; and it is further, ORDERED that the stenographer of the trial court is directed to certify and file two copies of such transcripts within 45 days of the date of this decision and order on motion and the clerk of the trial court shall furnish one certified transcript of the subject proceedings to the appellant’s counsel, Paul Skip Laisure, Appellate Advocates, 111 John Street – 9th Floor, New York, New York 10038, without charge (see CPL 460.70); assigned counsel is directed to turn over the transcript to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of such transcript for a codefendant, then the clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; 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. RIVERA, J.P., AUSTIN, MILLER and WOOTEN, JJ., concur. By Rivera, J.P., Chambers, Austin, Wooten, JJ. THE PEOPLE, ETC., res, v. RONALD JONES, app Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered November 18, 2016, following a trial, as a poor person. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is granted; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s retained counsel, Adams & Commissioning, LLP, 65 Broadway, Suite 1603, New York, New York 10006, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for retained counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide retained counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if retained counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; retained counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing retained counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that retained 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. RIVERA, J.P., CHAMBERS, AUSTIN and WOOTEN, JJ., concur. By Mastro, J.P., Leventhal, Roman, Christopher, JJ. WELLS FARGO BANK NATIONAL ASSOCIATION, ETC., res, v. SANDRA KEHRES, ETC., app, ET AL., def Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Suffolk County, both dated December 12, 2017, on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of a judgment of the same court dated November 7, 2018. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that on the Court’s own motion, the notice of appeal from the orders is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]), the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2018-03061, and not under Appellate Division Docket No. 2018-03062, the appellant’s appendix and briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, and on or before July 20, 2020, the parties shall submit corrected covers for the copies of the appellant’s appendix and briefs filed with the Clerk of this Court that do not contain Appellate Division Docket No. 2018-03062, and file replacement digital copies of the appellant’s appendix and briefs that contain the corrected covers via NYSCEF, and the appellant shall serve and file a supplemental appellant’s appendix containing the judgment via NYSCEF, and the appellant shall file an original and five hard copies of the supplemental record in accordance with any applicable administrative order or other order to be issued by the Court; and it is further, ORDERED that the motion is denied. MASTRO, J.P., LEVENTHAL, ROMAN and CHRISTOPHER, JJ., concur. By Rivera, J.P., Chambers, Austin, Wooten, JJ. FAYE MADIGAN, ETC., app-res, v. BERKELEY CAPITAL, LLC, ET AL., def, ROSA BRONSTEIN, ET AL., res, OCEANA HOLDING CORP., res-app Motion by the appellant-respondent on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated October 22, 2018, to dismiss the cross appeal on the ground that the joint second supplemental appendix is inadequate, to strike the joint second supplemental appendix on the ground that it is inadequate, or, in the alternative, to extend the time to serve and file a reply brief. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, the appellant-respondent’s time to serve and file a reply brief is extended, and on or before July 6, 2020, the appellant-respondent shall serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court’s website, and file an original and five hard copies of the reply brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further, ORDERED that the motion is otherwise denied. RIVERA, J.P., CHAMBERS, AUSTIN and WOOTEN, JJ., concur. By Rivera, J.P., Chambers, Miller, Wooten, JJ. SHALOM NEKTALOV, res, v. RENA NEKTALOV, app; SHALOM NEKTALOV, plf, v. RENA NEKTALOV, app, PLAINE & KATZ, LLP, res; SHALOM NEKTALOV, res, v. RENA NEKTALOV, app; SHALOM NEKTALOV, res, v. RENA NEKTALOV, app Motion by the appellant to extend the time to perfect appeals from a judgment of the Supreme Court, Nassau County, entered October 18, 2018, and three orders of the same court, entered November 1, 2018, February 1, 2019, and February 4, 2019, respectively. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted, the appellant’s time to perfect the appeals is extended, and on or before August 3, 2020, the appellant shall serve the record or appendix and the appellant’s brief and upload digital copies of the record or appendix and the appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website, and file an original and five hard copies of the record or appendix and the appellant’s brief in accordance with any applicable administrative order or other order to be issued by the Court. RIVERA, J.P., CHAMBERS, MILLER and WOOTEN, JJ., concur. By Rivera, J.P., Chambers, Austin, Wooten, JJ. JOSEPH M. RABASCO, app, v. WESTCHESTER COUNTY HEALTHCARE CORPORATION, ET AL., res Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of appeals from an order of the Supreme Court, Westchester County, dated June 7, 2017, and a judgment of the same court dated August 7, 2017, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to extend the time to perfect the appeals. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. RIVERA, J.P., CHAMBERS, AUSTIN and WOOTEN, JJ., concur. By Mastro, J.P., Leventhal, Roman, Christopher, JJ. HSBC BANK USA, N.A., ETC., app, v. JOAQUIN ARIAS, ET AL., res Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated December 21, 2017, on the ground that no appeal lies from an order entered upon the default of the appealing party. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. MASTRO, J.P., LEVENTHAL, ROMAN and CHRISTOPHER, JJ., concur. By Mastro, J.P., Leventhal, Roman, Christopher, JJ. RODERICK BORRIE, ETC., res, v. COUNTY OF SUFFOLK, app, ET AL., def Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 3, 2019, on the ground that the record is inadequate, or, in the alternative, to enlarge the record to include certain material. Separate motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of the appeal. Upon the papers filed in support of the respondent’s motion and the papers filed in opposition thereto, and upon the papers filed in support of the appellant’s motion and the papers filed in opposition thereto, it is ORDERED that the motions are denied. MASTRO, J.P., LEVENTHAL, ROMAN and CHRISTOPHER, JJ., concur. By Mastro, J.P., Leventhal, Roman, Christopher, JJ. BASIA WOLFF, app, v. MARTIN P. KRASNER, ETC., def, MITCHELL E. MANNING, ETC., res Motion by the respondent to stay discovery in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 9, 2019. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is denied. MASTRO, J.P., LEVENTHAL, ROMAN and CHRISTOPHER, JJ., concur. By Scheinkman, P.J., Mastro, Rivera, Dillon, Balkin, JJ. CITIBANK, N.A., ETC., res, v. YANLING WU, ETC., ET AL., app, ET AL., def; CITIBANK, N.A., ETC., res, v. YANLING WU, ETC., ET AL., app, ET AL., def Appeals from two orders of the Supreme Court, Queens County, one entered January 24, 2018, and one dated July 10, 2018, and an order and judgment (one paper) of the same court entered October 29, 2019. On the Court’s own motion, it is ORDERED that 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 appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the order and judgment (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 July 3, 2020; and it is further, ORDERED that service of this order to show cause upon the parties to the appeal will be effected by uploading a copy of this order to show cause to the New York State Courts Electronic Filing System. SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Dillon, J.P., Balkin, Miller, Iannacci, JJ. IN THE MATTER OF MICHAEL B. (ANONYMOUS), ALSO KNOWN AS MICHAEL L. (ANONYMOUS), app, DOMINIC J. FAMULARI, ETC., res Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Richmond County, dated August 29, 2016, which was determined by decision and order of this Court dated March 6, 2019, 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 is ORDERED that the motion is denied, with $100 costs. DILLON, J.P., BALKIN, MILLER and IANNACCI, JJ., concur. By Dillon, J.P., Lasalle, Connolly, Iannacci, JJ. THE PEOPLE, ETC., res, v. FRANCESCO R. MARCHESE, app Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered November 13, 2019, upon a plea of guilty, 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 is ORDERED that the motion is granted; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that pursuant to County Law 722 the following named attorney is assigned as counsel to prosecute the appeal: Thomas T. Keating 39A Cedar Street Dobbs Ferry, NY 10522 and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. DILLON, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur. By Balkin, J.P., Roman, Nelson, Christopher, JJ. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, ETC., res, v. MANISH KOTHARY, app, ET AL., def Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated November 15, 2016, which was determined by decision and order of this Court dated December 11, 2019, 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 is ORDERED that the motion is denied, with $100 costs. BALKIN, J.P., ROMAN, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur. By Scheinkman, P.J., Miller, Maltese, Barros, JJ. THE PEOPLE, ETC., res, v. BRUCE KING, app Motion by the appellant to withdraw an appeal from an amended judgment of the County Court, Suffolk County, dated January 14, 2019. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is denied, without prejudice to renew upon proper papers, including a writing signed by the appellant stating that he wishes to withdraw the appeal. SCHEINKMAN, P.J., MILLER, MALTESE and BARROS, JJ., concur. By Scheinkman, P.J., Miller, Maltese, Barros, JJ. IN THE MATTER OF SARA A. P. (ANONYMOUS). ROCKLAND COUNTY CHILD PROTECTIVE SERVICES, pet-res; MICHAEL P. (ANONYMOUS), res-app (N-1030-16) Motion by the appellant to extend the time to perfect an appeal from an order of the Family Court, Rockland County, dated May 21, 2019. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, 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 1250.9[a][5]), serving the appellant’s brief, and uploading a digital copy of the appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website, is extended until September 1, 2020, and the appellant shall file an original and five hard copies of the appellant’s brief in accordance with any applicable administrative order or other order to be issued by the Court. SCHEINKMAN, P.J., MILLER, MALTESE and BARROS, JJ., concur. By Mastro, J.P., Dillon, Christopher, Wooten, JJ. ADAM GOUDREAU, res, v. ALLISON CORVI, app Motion by the appellant, in effect, to recall and vacate so much of a decision and order on motion of this Court dated February 3, 2020, as dismissed an appeal from a decision of the Supreme Court, Nassau County, entered October 31, 2019, on the ground that no appeal lies from a decision. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is denied. MASTRO, J.P., DILLON, CHRISTOPHER and WOOTEN, JJ., concur. By Scheinkman, P.J., Miller, Maltese, Barros, JJ. 381-383 HUGUENOT, LLC, app, v. PAOLO DEVIVO, ET AL., res Appeal by 381-383 Huguenot, LLC, from a purported order of the Supreme Court, Westchester County, dated February 6, 2019. By order to show cause dated March 10, 2020, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that no order of the Supreme Court, Westchester County, dated February 6, 2019, was issued in the above-entitled action. Now, upon the order to show cause and no papers having been filed in response thereto, it is ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements. SCHEINKMAN, P.J., MILLER, MALTESE and BARROS, JJ., concur. By Scheinkman, P.J., Miller, Maltese, Barros, JJ. PENNYMAC LOAN TRUST 2001-NPL1, plf, v. SALVATORE DIBONO, ET AL., def; ALEX MITCHELL, nonparty-app, FRIEDMAN VARTOLO, LLP, nonparty-res Appeal by Alex Mitchell from a purported judgment of the Supreme Court, Nassau County, dated November 7, 2019. By order to show cause dated March 10, 2020, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that no judgment of the Supreme Court, Nassau County, dated November 7, 2019, was issued in the above-entitled action. Now, upon the order to show cause and the papers filed in response thereto, it is ORDERED that on the Court’s own motion, the notice of appeal is deemed to reflect that the appeal is from an order dated November 8, 2019 (see CPLR 2001); and it is further, ORDERED that the motion to dismiss the appeal is denied. SCHEINKMAN, P.J., MILLER, MALTESE and BARROS, JJ., concur. By Scheinkman, P.J., Miller, Maltese, Barros, JJ. IN THE MATTER OF ELIJAH P. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; JANE W. (ANONYMOUS), res-app (Proceeding No. 1); IN THE MATTER OF SAAMIYAH C. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; JANE W. (ANONYMOUS), res-app (Proceeding No. 2) (N-29432-16, N-29433-16) Appeal by Jane W. from a purported order of the Family Court, Kings County, dated April 18, 2020. By order to show cause dated February 27, 2020, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that no order of the Family Court, Kings County, dated April 18, 2020, was issued in the above-entitled proceeding. Now, upon the order to show cause and the papers filed in response thereto, it is ORDERED that on the Court’s own motion, the notice of appeal is deemed to reflect that the order appealed from is dated April 12, 2019 (see CPLR 2001); and it is further, ORDERED that the motion to dismiss the appeal is denied. SCHEINKMAN, P.J., MILLER, MALTESE and BARROS, JJ., concur. By Scheinkman, P.J., Miller, Maltese, Barros, JJ. IN THE MATTER OF VICTORIA M. (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, pet-res; JONATHAN M. (ANONYMOUS), res-app, ET AL., res (B-7653-17, B-7654-17) Motion by the respondent-appellant to extend the time to perfect an appeal from an order of the Family Court, Westchester County, dated February 6, 2019. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, the respondent-appellant’s time to perfect the appeal is extended, and the respondent-appellant’s brief submitted to the Clerk of the Court is accepted for filing and deemed timely served. SCHEINKMAN, P.J., MILLER, MALTESE and BARROS, JJ., concur. By Scheinkman, P.J., Miller, Maltese, Barros, JJ. THE PEOPLE, ETC., res, v. ABDUL ALIM, app Motion by the appellant’s assigned counsel on an appeal from a judgment of the Supreme Court, Queens County, rendered October 7, 2015, in effect, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel. By order to show cause dated February 24, 2020, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the appellant had abandoned the appeal, and the motion by assigned counsel was held in abeyance in the interim. Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel’s motion and the papers filed in relation thereto, it is ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further, ORDERED that assigned counsel’s motion is granted. SCHEINKMAN, P.J., MILLER, MALTESE and BARROS, JJ., concur. By Scheinkman, P.J., Miller, Maltese, Barros, JJ. THE PEOPLE, ETC., res, v. STANLEY HOPPER, app Motion by the appellant’s assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered August 27, 2018, in effect, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel. By order to show cause dated February 27, 2020, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the appellant had abandoned the appeal, and the motion by assigned counsel was held in abeyance in the interim. Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel’s motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further, ORDERED that assigned counsel’s motion is granted. SCHEINKMAN, P.J., MILLER, MALTESE and BARROS, JJ., concur. By Scheinkman, P.J., Miller, Maltese, Barros, JJ. THE PEOPLE, ETC., res, v. FELIX M. LARA, app Motion by the appellant’s assigned counsel on an appeal from a judgment of the Supreme Court, Queens County, rendered January 12, 2016, in effect, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel. By order to show cause dated February 25, 2020, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the appellant had abandoned the appeal, and the motion by assigned counsel was held in abeyance in the interim. Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel’s motion and the papers filed in relation thereto, it is ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further, ORDERED that assigned counsel’s motion is granted. SCHEINKMAN, P.J., MILLER, MALTESE and BARROS, JJ., concur. By Scheinkman, P.J., Miller, Maltese, Barros, JJ. IN THE MATTER OF SIDNEY BLANK, ETC., ET AL., pet-res, v. FRED ECKERT, app, ET AL., res Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated May 1, 2020, 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 is ORDERED that the motion is denied. SCHEINKMAN, P.J., MILLER, MALTESE and BARROS, JJ., concur. By Scheinkman, P.J., Miller, Maltese, Barros, JJ. MCCORMICK 110, LLC, res-app, v. JOSEPH GORDON, ET AL., app-res, ET AL., def Motion by Joseph Gordon and Yael Gordon to consolidate an appeal from an order of the Supreme Court, Kings County, dated February 27, 2019, with an appeal and a cross appeal from a judgment of the Supreme Court, Kings County, dated November 19, 2019, and for leave to serve and file a supplemental record. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted, the appeal from the order is consolidated with the appeal and cross appeal from the judgment, the record and briefs filed in connection with the appeal from the order are also deemed to be filed in connection with the appeal and cross appeal from the judgment, and on or before July 6, 2020, the parties shall submit covers for the copies of the record and the briefs filed with the Clerk of the Court in connection with the appeal from the order which contain a caption reflecting the parties’ status for the appeals and cross appeal, titles denominating the record as a joint record and denominating the correct status of the party filing the briefs, and include Appellate Division Docket No. 2020-00674 as well as Appellate Division Docket No. 2019-04084, and upload replacement digital copies of the joint record and the briefs containing the corrected covers through the digital portal on this Court’s website; it is further, ORDERED that on or before August 5, 2020, Joseph Gordon and Yael Gordon shall serve a supplemental joint record containing the judgment, their notice of appeal for the judgment, and the papers comprising the record for the cross appeal, including the notice of cross appeal from the judgment, and upload digital copies of the supplemental joint record, with proof of service thereof, through the digital portal on this Court’s website, and file an original and five hard copies of the supplemental joint record in accordance with any applicable administrative order or other order to be issued by the Court; it is further, ORDERED that on or before September 4, 2020, McCormick 110, LLC, shall serve a supplemental brief raising its points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]), and upload digital copies of the supplemental brief, with proof of service thereof, through the digital portal on this Court’s website, and shall file an original and five hard copies of the supplemental brief in accordance with any applicable administrative order or other order to be issued by the Court. SCHEINKMAN, P.J., MILLER, MALTESE and BARROS, JJ., concur. By Scheinkman, P.J., Miller, Maltese, Barros, JJ. BANK OF NEW YORK MELLON, ETC., res, v. GURDIP SINGH, app, ET AL., def Motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered June 29, 2018. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. SCHEINKMAN, P.J., MILLER, MALTESE and BARROS, JJ., concur. By Rivera, J.P., Chambers, Austin, Wooten, JJ. THE PEOPLE, ETC., res, v. JAMES ADAMS, app Motion by the respondent to enlarge the judgment roll on appeals from two judgments of the County Court, Suffolk County, both rendered October 26, 2018, to include the transcript of a hearing which occurred on August 28, 2018, and to extend 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 branch of the motion which is to enlarge the judgment roll to include a certain transcript is denied as unnecessary, as the transcript of the hearing which occurred on August 28, 2018, is properly part of the record; and it is further, ORDERED that on or before July 6, 2020, the respondent shall cause the transcript of the hearing which occurred on August 28, 2018, to be filed with the Clerk of the Court; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the respondent’s time to serve and file a brief is extended, and on or before July 6, 2020, the respondent shall serve the respondent’s brief and upload a digital copy of the respondent’s brief, with proof of service thereof, through the digital portal on this Court’s website, and file an original and five hard copies of the respondent’s brief in accordance with any applicable administrative order or other order to be issued by the Court. RIVERA, J.P., CHAMBERS, AUSTIN and WOOTEN, JJ., concur. By Rivera, J.P., Chambers, Austin, Wooten, JJ. THE PEOPLE, ETC., res, v. JAMES ADAMS, app Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from two judgments of the County Court, Suffolk County, both rendered October 26, 2018, and to be furnished with copies of the typewritten transcripts of the proceedings, if any. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is granted; and it is further, ORDERED that the District Attorney shall file the transcripts of the proceedings, if any, and the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further, ORDERED that the appellant shall file an original and five hard copies of the supplemental brief and serve one copy on the District Attorney. Upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed. RIVERA, J.P., CHAMBERS, AUSTIN and WOOTEN, JJ., concur. By Mastro, J.P., Leventhal, Roman, Christopher, JJ. ELIZABTH M. KAIREY, plf, v. ELLIOT M. HIRSCH, def Motion by Elliot M. Hirsch for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated December 3, 2018, to stay enforcement of the order pending hearing and determination of the appeal, for poor person relief, and for the assignment of counsel. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED 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. MASTRO, J.P., LEVENTHAL, ROMAN and CHRISTOPHER, JJ., concur. By Dillon, J.P., Lasalle, Connolly, Iannacci, JJ. CENTRAL MORTGAGE COMPANY, res, v. ALFONSO CINQUE, app, ET AL., def Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated March 1, 2019, for failure to timely perfect, and on the ground that no appeal lies from an order and judgment entered upon the default of the appealing party, or, in the alternative, to extend 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 is ORDERED that the branch of the motion which is to dismiss the appeal for failure to timely perfect is denied; and it is further, ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies from an order and judgment entered upon the default of the appealing party is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the respondent’s time to serve and file a brief is extended, and on or before August 3, 2020, the respondent shall serve the respondent’s brief and upload digital copies of the respondent’s brief, with proof of service thereof, through the digital portal on this Court’s website, and file an original and five hard copies of the respondent’s brief in accordance with any applicable administrative order or other order to be issued by the Court. DILLON, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur. By Dillon, J.P., Lasalle, Connolly, Iannacci, JJ. ERIC KEEFER, res, v. PAMELA KEEFER, app; ERIC KEEFER, res, v. PAMELA KEEFER, app Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, both entered January 14, 2020, inter alia, to stay enforcement of the order under Appellate Division Docket No. 2020-01235 pending hearing and determination of the appeal therefrom, to consolidate the appeals, and to expedite the appeals. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that on the Court’s own motion, the appeal from the order under Appellate Division Docket No. 2020-01235 is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that does not decide a motion made on notice, and leave to appeal has not been granted; and it is further, ORDERED that on the Court’s own motion, the appeal from the order under Appellate Division Docket No. 2020-01236 is dismissed, without costs or disbursements, except the portion of the order which denied the branch of the appellant’s motion which was for an order of protection, on the grounds that the remaining portions of the order have been rendered academic, do not aggrieve the appellant, or refer matters for a hearing and leave to appeal has not been granted; and it is further, ORDERED that the branches of the motion which are to stay enforcement of the order under Appellate Division Docket No. 2020-01235 and to consolidate the appeals are denied as academic; and it is further, ORDERED that the motion is otherwise denied. DILLON, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur. By Mastro, J.P., Leventhal, Roman, Christopher, JJ. BANK OF NEW YORK MELLON, ETC., res, v. JOHN R. SWIFT, ET AL., app, ET AL., def; BANK OF NEW YORK MELLON, ETC., res, v. JOHN R. SWIFT, ET AL., app, ET AL., def Appeals from an order of the Supreme Court, Westchester County, dated October 2, 2017, and an order and judgment (one paper) of the same court entered March 1, 2019. By order to show cause dated February 25, 2020, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and judgment entered March 1, 2019. The judgment portion of the order and judgment entered March 1, 2019, was vacated by an order and judgment (one paper) of the Supreme Court, Westchester County, dated January 29, 2020. Now, upon the order to show cause and the papers filed in response thereto, it is ORDERED that the motion to dismiss the appeal from the order dated October 2, 2017, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and judgment entered March 1, 2019, is denied as the order and judgment entered March 1, 2019, was amended on January 29, 2020; and it is further, ORDERED that on the Court’s own motion, the appeals from the order dated October 2, 2017, and the order and judgment entered March 1, 2019, as amended January 29, 2020, are dismissed, on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the order and judgment dated January 29, 2020 (see Matter of Aho, 39 NY2d 241). MASTRO, J.P., LEVENTHAL, ROMAN and CHRISTOPHER, JJ., concur. By Dillon, J.P., Lasalle, Connolly, Iannacci, JJ. THE PEOPLE, ETC., res, v. SANDRO LOPEZ, app Motion by the respondent to dismiss an appeal, by permission, from an order of the Supreme Court, Kings County, dated October 28, 2014, on the ground that the appellant has been deported and is no longer available to obey the mandate of the Court. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further, ORDERED that on the Court’s own motion, the respondent’s time to serve and file a brief is extended, and on or before July 6, 2020, the respondent shall serve the respondent’s brief and upload digital copies of the respondent’s brief, with proof of service thereof, through the digital portal on this Court’s website, and file an original and five hard copies of the respondent’s brief in accordance with any applicable administrative order or other order to be issued by the Court. DILLON, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur. By Dillon, J.P., Lasalle, Connolly, Iannacci, JJ. CERBONE OF NAPLES, INC., ETC., ET AL., app, v. ACADIA REALTY TRUST, ET AL., res Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, dated November 16, 2019, as untimely taken. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted and the appeal is dismissed (see CPLR 5513). DILLON, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur. By Dillon, J.P., Lasalle, Connolly, Iannacci, JJ. SUSAN PISTILLO, ETC., ET AL., res, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., app Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Nassau County, entered October 31, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to extend the time to perfect the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the appellant’s time to perfect the appeal is extended, and on or before July 6, 2020, the appellant shall serve the record or appendix and the appellant’s brief and upload digital copies of the record or appendix and the appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website, and file an original and five hard copies of the record or appendix and the appellant’s brief in accordance with any applicable administrative order or other order to be issued by the Court. DILLON, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur. By Dillon, J.P., Lasalle, Connolly, Iannacci, JJ. WELLS FARGO BANK, NA, res, v. JEAN R. DANIEL, ET AL., app, ET AL., def Renewed motion by the appellants pro se to waive certification of the record pursuant to 22 NYCRR 1250.7(g) on appeals from an order and judgment (one paper) and an order of the Supreme Court, Suffolk County, both dated January 28, 2019, and to extend the time to perfect the appeals. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted; and it is further, ORDERED that the appellants’ time to perfect the appeals is extended, and on or before August 3, 2020, the appellants shall serve the record and the appellants’ brief and upload digital copies of the record and the appellants’ brief, with proof of service thereof, through the digital portal on this Court’s website, and file an original and five hard copies of the record and the appellants’ brief in accordance with any applicable administrative order or other order to be issued by the Court. DILLON, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur. By Dillon, J.P., Lasalle, Connolly, Iannacci, JJ. CENTRAL MGE, ETC., app, ABDULKADIR H. ANGO, res, ET AL., def Motion by the respondent to extend the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated January 10, 2019. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, the respondent’s time to serve and file a brief is extended, and on or before August 3, 2020, the respondent shall serve the respondent’s brief and upload digital copies of the respondent’s brief, with proof of service thereof, through the digital portal on this Court’s website, and file an original and five hard copies of the respondent’s brief in accordance with any applicable administrative order or other order to be issued by the Court. DILLON, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur. By Dillon, J.P., Lasalle, Connolly, Iannacci, JJ. COMMONWEALTH LAND TITLE INSURANCE COMPANY, res, v. LANDMARK ABSTRACT, LLC, ET AL., app Motion by the appellants to extend the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered April 12, 2019. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, the appellants’ time to perfect the appeal is extended, and on or before August 3, 2020, the appellants shall serve the record or appendix and the appellants’ brief and upload digital copies of the record or appendix and the appellants’ brief, with proof of service thereof, through the digital portal on this Court’s website, and file an original and five hard copies of the record or appendix and the appellants’ brief in accordance with any applicable administrative order or other order to be issued by the Court. DILLON, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur. By Dillon, J.P., Lasalle, Connolly, Iannacci, JJ. SELECT PORTFOLIO SERVICING, INC., app, v. CELENE L. SAMPSON, ET AL., def, BEACH 65 ST REALTY, INC., res Motion by the respondent to extend the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated December 24, 2018. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted, the respondent’s time to serve and file a brief via NYSCEF is extended until July 6, 2020, and the respondent shall file the original and five hard copies of the respondent’s brief in accordance with any applicable administrative order or other order to be issued by the Court. DILLON, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur. By Dillon, J.P., Lasalle, Connolly, Iannacci, JJ. THE PEOPLE, ETC., res, v. EDILIO A. ALMONTE, app Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered December 10, 2018. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. DILLON, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur. By Dillon, J.P., Lasalle, Connolly, Iannacci, JJ. THE PEOPLE, ETC., res, v. MARQUISE I. WILLIAMS, app Motion by the appellant for leave to prosecute an appeal from a resentence of the Supreme Court, Queens County, imposed December 12, 2019, 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 is ORDERED that the motion is granted; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of the imposition of resentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s resentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the resentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that pursuant to County Law 722 the following named attorney is assigned as counsel to prosecute the appeal: Paul Skip Laisure Appellate Advocates 111 John Street – 9th Floor New York, New York 10038 and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. DILLON, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur. By Dillon, J.P., Lasalle, Connolly, Iannacci, JJ. THE PEOPLE, ETC., res, v. LIONEL WILLIAMS, app Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered September 30, 2019, as a poor person, and for the assignment of counsel. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is 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 in the trial court. DILLON, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur. By Mastro, J.P., Cohen, Duffy, Nelson, JJ. FINK & ZELMANOVITZ, P.C., res, v. RMF FUNDING GROUP, INC., ET AL., def, PURE MED FARMA, LLC, ET AL., app Joint motion by the appellants to consolidate an appeal by the appellants Medius, LLC, and Robert W. Brown from an order of the Supreme Court, Kings County, dated February 21, 2019, with an appeal by the appellants Pure Med Farma, LLC, and Randy McCoy from a judgment of the same court dated December 11, 2019, and, in effect, to extend the time to perfect the consolidated appeals. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that on the Court’s own motion, the notice of appeal by the appellants Medius, LLC, and Robert W. Brown from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further, ORDERED that the branch of the motion which is to consolidate the appeals is granted; and it is further, ORDERED that the branch of the motion which, in effect, to extend the time to perfect the consolidated appeals is granted and, on or before July 6, 2020, the appellants shall serve the joint record or appendix and their respective briefs, and upload digital copies of the joint record or appendix and their respective briefs, with proof of service thereof, through the digital portal on this Court’s website, and file an original and five hard copies of the joint record or appendix and their respective briefs in accordance with any applicable administrative order or other order to be issued by the Court. MASTRO, J.P., COHEN, DUFFY and BRATHWAITE NELSON, JJ., concur. By Scheinkman, P.J., Mastro, Rivera, Dillon, Balkin, JJ. THE PEOPLE, ETC., res, v. BRUCE KING, app; THE PEOPLE, ETC., res, v. BRUCE K. (ANONYMOUS), app Appeals from three amended judgments of the County Court, Suffolk County, all rendered January 14, 2019. On the Court’s own motion, it is ORDERED that the decision and order on motion of this Court dated May 10, 2019, in the above-entitled matter is amended by deleting from the first paragraph thereof the words “a judgment” and the date “June 4, 2018,” and substituting therefor the words “an amended judgment” and the date “January 14, 2019,”; and it is further, ORDERED that the decision and order on motion of this Court dated May 10, 2019, is further amended by deeming the order amended to reflect that poor person relief and the assignment of counsel are also granted as to the amended judgments rendered under S.C.I. Nos. 1006-16 and 1408-16; and it is further, ORDERED that the third and fourth decretal paragraphs of the decision and order on motion of this Court dated May 10, 2019, are deleted and the following decretal paragraph is substituted therefor: ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing held in connection with the violation of probation and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, and it is further, ORDERED that the appellant’s 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 Scheinkman, P.J., Miller, Maltese, Barros, JJ. WALID KHASS, res, v. NEW YORK-PRESBYTERIAN BROOKLYN METHODIST HOSPITAL, app, ET AL., def Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Kings County, dated February 13, 2020. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. SCHEINKMAN, P.J., MILLER, MALTESE and BARROS, JJ., concur. By Scheinkman, P.J., Mastro, Rivera, Dillon, Balkin, JJ. IN THE MATTER OF EDWARD OLIVO, app, v. KATHY OLIVO, ET AL., res (O-11236-18, O-11229-18/18A, O-11229-18, O-11236-18/18A) Appeals by Edward Olivo from two orders of the Family Court, Queens County, dated November 12, 2019, and November 13, 2019, respectively. Pursuant to Family Court Act 1118 and 1120, and upon the certification of Andrea S. Ogle, dated June 1, 2020, it is ORDERED that the respondent is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to respond to the appeals: Lauri Gennusa 22919 Merrick Boulevard, #550 Laurelton, NY 11413-2108 516-641-9999 and 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 appeals on or before June 24, 2020, in writing, that she has done so and that either (1) the respondent is interested in responding to the appeals, or (2) the respondent is not interested in responding to the appeals, 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. By Barros, J. THE PEOPLE, ETC., res, v. TARON JACKSON, app Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered March 12, 2020, and to release the appellant on his own recognizance or, in the alternative, to set bail. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. Order on Application released on: June 3, 2020 MATTER OF APPLICATIONS FOR EXTENSIONS OF TIME Parties in the following causes have filed applications pursuant to 22 NYCRR 1250.9(b),(g)(1) 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: People v. Kearse, Shyron T., 2018-05107, Shyron T. Kearse, June 15, 2020 People v. Burton, Levar, 2018-12087, People of State of New York, July 20, 2020 All briefs shall be served in accordance with section 1250.1(c) of the Rules of Practice of the Appellate Division (22 NYCRR 1250.1[c]) and via e-mail, and a digital copy with proof of service shall be deemed filed by being uploaded through the digital portal on this Court’s website https://www.nycourts.gov/courts/AD2/Digital_Submission.shtml, on or before those deadlines, and hard copy filings may be made but are not required pending further order or directive of this Court. Extension granted only to the extent indicated. Opposition to this application was received. MATTER OF SCHEDULING ORDERS AND APPLICATIONS FOR EXTENSIONS OF TIME IN ACTIVELY MANAGED APPEALS Pursuant to 22 NYCRR 670.3(b)(2),(3), it is ORDERED that the following parties in the following appeals are directed to serve and file their briefs, or granted an extension of time to perfect their appeals or serve and file their briefs, on or before the dates set forth below: Matter of A. (Anonymous), Treyvone, 2019-07668, Treyvone A., July 6, 2020 Matter of A. (Anonymous), Treyvone, 2019-07668, Administration for Children’s Services, July 6, 2020 Matter of A. (Anonymous), Treyvone, 2019-12668, Treyvone A., July 6, 2020 Matter of A. (Anonymous), Treyvone, 2019-12668, Administration for Children’s Services, July 6, 2020 Matter of Cruz v. Brown, 2019-12376, Vanessa Cruz, July 6, 20203 Matter of D. (Anonymous), Aisha, 2020-01688 +1, Adama F., June 29, 2020 Matter of Diagne v. Administration for Children’s Services, 2020-01687, Adama Faty, June 29, 2020 Matter of E. (Anonymous), Iven J., 2020-00730, Administration for Children’s Services, July 6, 2020 Matter of E. (Anonymous), Iven J., 2020-00730, Iven J. E., July 6, 2020 Matter of Faty v. Diagne , 2020-01604, Adama Faty, June 29, 2020 Matter of Garcia v. Maita, 2019-00767, Child, July 6, 20203 Matter of Goode v. Sandoval, 2019-10977, Kaila G., July 6, 2020 Matter of Goode v. Sandoval, 2019-10977, Jessica Sandoval, July 6, 2020 Matter of Jhwarer v. Budhoo, 2019-10720, Damini Budhoo, July 6, 20203 Matter of Khovov v. Khovov, 2019-12629 +3, Yuri Khovov, July 20, 20203 Matter of M. (Anonymous), Caitlyn, 2019-12560, Caitlyn M., July 6, 2020 Matter of M. (Anonymous), Caitlyn, 2019-12560, Administration for Children’s Services, July 6, 2020 Matter of P. (Anonymous), Jolani, 2020-03669, Jose P., July 6, 2020 Matter of P. (Anonymous), Jolani, 2020-03669, Jolani P., July 6, 2020 Matter of P. (Anonymous), Jolani, 2020-03669, Westchester County Department of Social Services, July 6, 2020 Matter of Shah v. Shah, 2019-10010, Chirag Shah, June 15, 20203 All briefs shall be served in accordance with section 1250.1(c) of the Rules of Practice of the Appellate Division (22 NYCRR 1250.1[c]) and via e-mail, and shall be deemed filed upon a digital copy with proof of service being uploaded through the digital portal on this Court’s website https://www.nycourts.gov/courts/AD2/Digital_Submission.shtml, on or before the above date-referenced dates, but no hard copy filings shall be made pending further order or directive of this Court. 1. Extension granted only to the extent indicated. 2. Opposition to this application was received. 3. Any further request for extension must be made by motion.
