Appeals List released on: August 24, 2023 By Singh, J.P., González, Kennedy, Rodriguez III, Pitt-Burke, JJ. 652814/22. AB STABLE VIII LLC, AB STABLE VI LLC AND SHR ESSEX HOUSE, LLC, plf-res, v. LAW OFFICE OF NING YE, ESQ., AND YAN ZHAO, def-app — An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about August 22, 2022, and from an order, same Court and Justice, entered on or about September 15, 2022, and said appeal having been perfected, And plaintiffs-respondents having moved to dismiss the aforesaid appeal, or, in the alternative, to strike portions of defendantsappellants’ brief and appendix and to direct defendants-appellants to file a new or supplemental appendix, and for an extension of time to file a Respondent’s Brief pending resolution of the motion, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of striking the appendix and appellants’ brief and directing defendants-appellants to (1) refile, within the time limitations provided for the December 2023 Term of this Court, to which the appeal was adjourned by order of a Justice of this Court entered on July 24, 2023, an appendix that complies with CPLR 5528(a)(5) and 22 NYCRR 1250.7, insofar as it contains a complete notice of appeal and the orders appealed from, complete copies of materials relevant and necessary to determine this appeal that were submitted to the Supreme Court in connection with Motion Sequence Nos. 1 and 2, including any such materials that plaintiffs-respondents may reasonably be expected to rely upon and (2) refile their brief, also within the time limitations provided for the December 2023 Term of this Court, without reference to any matters not contained in the refiled appendix, without prejudice to plaintiffs arguing on appeal that defendants failed to take a valid appeal from the aforesaid August 22, 2022 order of the Supreme Court. To the extent plaintiffs seek an extension of time to file their Respondents’ Brief, that request is academic in light of the aforementioned order of this Court entered on July 24, 2023. By Singh, J.P., González, Kennedy, Rodriguez III, Pitt-Burke, JJ. 654536/19. RAWAN ABDULLAH ABUZAID PREVIOUSLY KNOWN AS MODEL ROZ, plf-res, v. DANAH ALMAYOUF, def-app — An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about January 25, 2023, And counsel for defendantappellant having moved to be relieved as counsel, and for related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of striking the designation of Fred Lichtmacher, Esq., as counsel for defendant-appellant on this appeal. By Renwick, P.J., Manzanet-Daniels, Kapnick, Webber, Kern, JJ. 160669/16. AIG PROPERTY CASUALTY COMPANY AS ASSIGNEE/ SUBROGEE OF ANTHONY TAMER AND SANDRA TAMER, plf-res-app, v. ARISTA AIR CONDITIONING CORP., def-res; ARISTA AIR CONDITIONING CORP., Third-Party plf-res, v. BECHT ENGINEERING, P.C., Third-Party defres, R.D. RICE CONSTRUCTION, INC., Third-Party def-res, KEW FOREST PLUMBING & HEATING, INC., Third- Party def-app — An appeal and crossappeal having been taken from an order of the Supreme Court, New York County, entered on or about October 25, 2022, Now, upon reading and filing the correspondence from counsel for plaintiff-respondent-appellant AIG Property Casualty, dated July 13, 2023, and due deliberation having been had thereon, It is ordered that the cross-appeal is deemed withdrawn in accordance with the aforesaid correspondence; the direct appeal remains extent. By Singh, J.P., González, Kennedy, Rodriguez III, Pitt-Burke, JJ. 653949/18. AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, plf-res, v. CERTAIN UNDERWRITERS AT LLOYDS OF LONDON, def-res, -AND- STATE FARM FIRE AND CASUALTY COMPANY, defapp — Defendant-appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court, New York County, entered on or about May 19, 2022, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted and the time to perfect the appeal extended to the January 2024 Term of this Court. By Singh, J.P., González, Rodriguez III, Pitt-Burke, JJ. 500198/15. IN THE MATTER OF THE APPLICATION OF ANONYMOUS 1 AND ANONYMOUS 2, pet-app, FOR THE APPOINTMENT OF A GUARDIAN FOR ANONYMOUS 3, AN ALLEGED PERSON IN NEED OF A GUARDIAN, res-res — An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about July 05, 2023, And ALP, Inc. having moved, inter alia, to stay the underlying proceeding pending hearing and determination of the aforesaid appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. By Renwick, P.J., Manzanet-Daniels, Kapnick, Webber, Kern, JJ. 653238/22. BENEFIT STREET PARTNERS REALTY OPERATING PARTNERSHIP, L.P. AND BSP OF FINANCE, LLC, plf-app, v. DI HAO ZHANG AND 227 INVESTMENT, INC., def-res — An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about January 17, 2023, Now, upon reading and filing the correspondence from counsel for plaintiffs-appellants, dated July 14, 2023, and due deliberation having been had thereon, It is ordered that the appeal is deemed withdrawn in accordance with the aforesaid correspondence. By Singh, J.P., González, Kennedy, Rodriguez III, Pitt-Burke, JJ. 654844/16. BRADFORD BILLET, plfapp, v. JODI DREXLER-BILLET, ET AL., def-res — Plaintiff-appellant having moved for an extension of time in which to perfect the appeal taken to this Court from an order of the Supreme Court, New York County, entered on or about November 01, 2019, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted and the time in which to perfect the appeal is extended to the January 2024 Term of this Court, with leave to seek further extensions, if necessary. By Gesmer, J.P., Scarpulla, Mendez, Shulman, Higgitt, JJ. 304441/10. DAOUROU BIZOUNOUYA, plf-app, v. MANHATTAN BRIDGE CW INC., def-res — An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about August 26, 2022, And plaintiff-appellant, pro se, having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal, and, upon vacatur, for an extension of time to perfect same, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. By Renwick, P.J., Manzanet-Daniels, Kapnick, Webber, Kern, JJ. 153864/16. THOMAS BYRNE, ET AL., plf-res, v. LEND LEASE (US) CONSTRUCTION INC., LEND LEASE (US) CONSTRUCTION LMB, INC. AND EXTELL WEST 57TH STREET LLC, def-res-app, FIVE STAR ELECTRIC CORPORATION, def-app-res — An appeal and cross appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about June 21, 2022, and the Lend Lease defendants’ appeal having been perfected, Now, upon reading and filing the stipulation of the parties hereto, dated July 18, 2023, and due deliberation having been had thereon, It is ordered that the appeal and cross appeal are deemed withdrawn in accordance with the aforesaid stipulation. By Renwick, P.J., Manzanet-Daniels, Kapnick, Webber, Kern, JJ. 161603/21. IN THE MATTER OF THE APPLICATION OF MOHAN BUDHAI, pet-app, v. THE CITY OF NEW YORK, N.Y.C. DEPARTMENT OF BUILDINGS, AND CPS HR CONSULTING, res-res — An appeal having been taken to this Court from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about May 19, 2022, and said appeal having been perfected, Now, upon reading and filing the stipulation of the parties hereto, dated July 18, 2023, and due deliberation having been had thereon, It is ordered that the appeal is deemed withdrawn in accordance with the aforesaid stipulation. By Kapnick, J.P., Friedman, Kennedy, Mendez, Shulman, JJ. 160082/20. BRIAN BURROWS, ET AL., plf-res, v. 75-25 153RD STREET, LLC, def-app — Plaintiffs-respondents having moved for reargument, or, in the alternative, for leave to appeal to the Court of Appeals from, the decision and order of this Court entered on April 13, 2023 (Appeal No. 17103-17104), and said motion having been denied by order of this Court entered on July 27, 2023 (Motion No. 2023-02161), And proposed amici Senator Brad Hoylman-Sigal, Assemblymember 1
monday, august 28, 2023
