Appellate DivisionSecond DepartmentMotion List released on:March 1, 2018By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Spiritual A. A. M. (Anonymous). Westchester County Department of Social Services; Luz A. (Anonymous), respondent-appellant; Miguel M. (Anonymous), nonparty-ap — Appeal by Luz A., and separate appeal by Miguel M., from an order of the Family Court, Westchester County, dated August 31, 2017. By decision and order on motion of this Court dated February 5, 2018, the following attorney was assigned as counsel for the nonparty-appellant on the appeals, and was directed, inter alia, to contact the nonparty-appellant and determine his interest in perfecting his appeal:Lisa F. Colin, Esq.44 Church StreetWhite Plains, NY 10601914-771-7711By letter dated February 20, 2018, assigned counsel notified the Court that she has been unable to contact the nonparty-appellant.On the Court’s own motion, it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered relieving the assigned counsel for the nonparty-appellant and dismissing his appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before April 4, 2018; and it is further,
ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys, and upon the nonparty-appellant, by regular mail.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Cohen, Duffy and Iannacci, JJ.Norman Eskenazi, etc., ap, v. Long Beach Medical Center, etc., res — Motion by Georgaklis & Mallas, PLLC, for leave to withdraw as counsel for the appellant on an appeal from a judgment of the Supreme Court, Queens County, entered April 20, 2017, and to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it isORDERED that the motion is dismissed without prejudice to renew, upon proper papers, including proof of service of the motion upon the appellant.SCHEINKMAN, P.J., COHEN, DUFFY and IANNACCI, JJ., concur.Doreen Townsend, ap, v. City of New York, def, New York City Health and Hospitals Corporation, res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated May 2, 2016.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the appellant’s time to serve and file a reply brief is enlarged, and the reply brief submitted to the Clerk of this Court is accepted for filing and deemed timely served.By Dillon, J.P.; Leventhal, Miller and Maltese, JJ.Veeramuthu P. Gounder, plf, v. Argante R. Grippa def — (Appellate Term Docket No. 2016-1504QC; Civil Court Index No. CV-009297/15) — Motion by Veeramuthu P. Gounder for leave to appeal to this Court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated November 3, 2017, which affirmed a judgment of the Civil Court of the City of New York, Queens County, entered March 15, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.DILLON, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.By Balkin, J.P.; Austin, Sgroi and Brathwaite Nelson, JJ.MATTER of Robert D. Lynch Revocable Trust. Robert D. Lynch III, appellant; Michael Lynch res — (File No. 1403/10) — Motion by the appellant, inter alia, to recall and vacate so much of a decision and order on motion of this Court dated May 1, 2017, as dismissed an appeal from an order of the Surrogate’s Court, Westchester County, dated September 26, 2016, on the ground that the appellant is not aggrieved by the order and to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.BALKIN, J.P., AUSTIN, SGROI and BRATHWAITE NELSON, JJ., concur.By Mastro, J.P.; Dillon, Maltese and Iannacci, JJ.PEOPLE, etc., res, v. Jose L. Ribeiro, ap — Motion by Paul N. Weber, the appellant’s assigned counsel on an appeal from a judgment of the County Court, Orange County, rendered January 29, 2016, 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 December 21, 2017, the appellant was 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 appellant had abandoned the appeal and the motion by assigned counsel to be relieved was held in abeyance in the interim.Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by assigned counsel and the papers filed in relation thereto, it isORDERED that the motion to dismiss the appeal is denied; and it is further,ORDERED that the motion by assigned counsel is denied.MASTRO, J.P., DILLON, MALTESE and IANNACCI, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Yaakov K. (Anonymous), ap — Appeal by Yaakov K. from an order of the Family Court, Queens County, dated April 27, 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 March 28, 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 Mastro, J.P.; Leventhal, Barros and Brathwaite Nelson, JJ.Michael Engelberg, etc., res, v. Eliezer Perr ap — Motion by Koffsky Schwalb, LLC for leave to withdraw as counsel for the appellants Eliezer Perr and Milton Pollack on appeals from an order of the Supreme Court, Nassau County, dated April 23, 2015.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 on or before March 19, 2018, Koffsky Schwalb, LLC shall serve its clients by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,ORDERED that no further proceedings shall be taken against the appellants Eliezer Perr and Milton Pollack, without leave of the Court, until the expiration of 30 days after service upon them of a copy of this decision and order on motion; and it is further,ORDERED that on or before April 19, 2018, the appellants Eliezer Perr and Milton Pollack shall advise this Court, in writing whether they are proceeding pro se or provide a notice of appearance from counsel, or they will be deemed proceeding pro se on the brief filed by former counsel.MASTRO, J.P., LEVENTHAL, BARROS and BRATHWAITE NELSON, JJ., concur.By Dillon, J.P.; Balkin, Miller and Lasalle, JJ.MATTER of Isaiah T. F.-C. (Anonymous), a/k/a Isaiah F.-C. (Anonymous), a/k/a Isaiah F. (Anonymous), a/k/a Isaiah C. (Anonymous). Graham Windham Services to Families and Children, petitioner-res, DJuan C. (Anonymous), res-res — Motion by the respondent-appellant for leave to appeal to the Court of Appeals from a decision and order of this Court dated November 22, 2017, which determined an appeal from an order of the Family Court, Kings County, dated April 11, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.DILLON, J.P., BALKIN, MILLER and LASALLE, JJ., concur.By Balkin, J.P.; Austin, Sgroi and Brathwaite Nelson, JJ.MATTER of Heyward D. Reed pet, v. Demeza Delhomme, res — Motion by the respondent, inter alia, to confirm a report of a special referee dated June 14, 2017, in a proceeding pursuant to Public Officers Law §36 to remove the respondent from the public office of Mayor of the Village of Spring Valley. By order to show cause dated January 10, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the proceeding on the ground that it has been rendered academic as the respondent no longer holds the public office of Mayor of the Village of Spring Valley, and the respondent’s motion was held in abeyance in the interim. Application by the respondent for an attorney’s fee.Now, upon the order to show cause and the papers filed in response thereto, 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 respondent’s application and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion to dismiss the proceeding is granted, and the proceeding is dismissed, without costs or disbursements (see Matter of Halsey v. Butler, 134 AD3d 842); and it is further,ORDERED that the respondent’s motion is denied as academic; and it is further,ORDERED that the respondent’s application is dismissed without prejudice to making a motion for that relief.BALKIN, J.P., AUSTIN, SGROI and BRATHWAITE NELSON, JJ., concur.By Balkin, J.P.; Leventhal, Sgroi and Brathwaite Nelson, JJ.Ari Yemini res, v. Oded Goldberg ap, et al., def — Motion by Ruskin, Moscou, Faltischek, P.C., for leave to withdraw as counsel for the appellants on an appeal from a decision and order (one paper) of the Supreme Court, Nassau County, dated January 11, 2017.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 from so much of the decision and order dated January 11, 2017, as denied the appellants’ oral motion to conform pleadings to the proof is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a portion of an order that is not the result of a motion made on notice, and leave to appeal has not been granted (see CPLR 5701), and no appeal lies from the remaining portion of the decision and order dated January 11, 2017, 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 motion is denied as academic.BALKIN, J.P., LEVENTHAL, SGROI and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Hinds-Radix, JJ.JP Morgan Chase Bank, res, v. Kenneth Lee, ap — 2017-01326JP Morgan Chase Bank, N.A. respondent,v Kenneth Lee, appellant defendants.(Index No. 9767/09) Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered November 21, 2016, and to enlarge the time to serve and file a reply brief on an appeal from an order of the same court dated March 10, 2016.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appellant’s time to perfect the appeal from the order entered November 21, 2016, is enlarged until May 1, 2018, and the record or appendix and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted; and it is further,ORDERED that the appellant’s time to serve and file a reply brief in connection with the appeal from the order dated March 10, 2016, is enlarged until March 19, 2018, and the reply brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., RIVERA, MILLER and HINDS-RADIX, JJ., concur.By Rivera, J.P.; Cohen, Maltese and Brathwaite Nelson, JJ.Karen Elizabeth Chamberlain, ap, v. Mark Henry Chamberlain, res — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated June 9, 2016.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, the appellant’s time to perfect the appeal is enlarged until March 20, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.RIVERA, J.P., COHEN, MALTESE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Hinds-Radix, JJ.Cecilia Brown, res, v. South Nassau Communities Hospital, ap — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated August 28, 2017.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, the respondent’s time to serve and file a brief is enlarged until March 23, 2018, and the respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., RIVERA, MILLER and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Hinds-Radix, JJ.Craig Calderone, ap, v. Molloy College def, Gerald Blaise res — Motion by the appellant to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Queens County, entered January 3, 2017, and June 6, 2017, respectively.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, the appellant’s time to serve and file a reply brief is enlarged until March 26, 2018, and the reply brief shall be served and filed on or before that date.SCHEINKMAN, P.J., RIVERA, MILLER and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Leventhal, Maltese and Brathwaite Nelson, JJ.MATTER of J. B., pet, v. State University of New York, res — Motion by the petitioner to enlarge the time to serve and file a reply brief in a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Westchester County, dated December 6, 2016.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, the petitioner’s time to serve and file a reply brief is enlarged until March 19, 2018, and the reply brief shall be served and filed on or before that date.SCHEINKMAN, P.J., LEVENTHAL, MALTESE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Hinds-Radix, JJ.B. J., etc. ap, v. Board of Education of the City of New York, et al., res — Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 3, 2017.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, the respondents’ time to serve and file a brief is enlarged until March 19, 2018, and the respondents’ brief shall be served and filed on or before that date.SCHEINKMAN, P.J., RIVERA, MILLER and HINDS-RADIX, JJ., concur.By Dillon, J.P.; Chambers, Hinds-Radix and Christopher, JJ.Nationstar Mortgage, LLC, res, v. Lawrence B. Sobel, appellant def — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated December 5, 2016.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, the respondent’s time to serve and file a brief is enlarged until March 19, 2018, and the respondent’s brief shall be served and filed on or before that date.DILLON, J.P., CHAMBERS, HINDS-RADIX and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Hinds-Radix, JJ.U.S. Bank, National Association, etc., ap, v. Loraine R. Degraff, def-res, et al., defendants; Pierre Defraff, etc., nonparty-res — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 21, 2017.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, the appellant’s time to perfect the appeal is enlarged until April 3, 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., RIVERA, MILLER and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Katarina Tumanova, ap, v. Ahmad Ali, res — (Proceeding No. 1)MATTER of Ahmad Ali, res, v. Katarina Tumanova, ap — (Proceeding No. 2) — Appeal by Katarina Tumanova from an order of the Family Court, Queens County, dated August 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 respondent to serve and file a brief on the appeal is enlarged until March 29, 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.; Rivera, Miller and Hinds-Radix, JJ.LNV Corporation, res, v. Robert Allison, appellant def — Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, both dated January 19, 2017.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, the appellant’s time to perfect the appeals is enlarged until April 3, 2018, and the record or appendix on the appeals and the appellant’s brief shall be served and filed on or before that date.SCHEINKMAN, P.J., RIVERA, MILLER and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Hinds-Radix, JJ.Joseph Cerrato, ap, v. Earnest Jacobs, res — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated February 24, 2017.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, the appellant’s time to perfect the appeal is enlarged until April 3, 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., RIVERA, MILLER and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Hinds-Radix, JJ.Laura Flores, ap, v. Westchester County Bee Line respondents def — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated May 17, 2017.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, the appellant’s time to perfect the appeal is enlarged until April 3, 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., RIVERA, MILLER and HINDS-RADIX, JJ., concur.By Mastro, J.P.; Leventhal, Barros and Brathwaite Nelson, JJ.BNH Milf, LLC, res, v. Milford St. Properties, LLC ap, et al., def — 2017-07426BNH Milf, LLC, respondent, v. Milford St.Properties, LLC appellants,et al., defendant.(Index No. 505821/14) Motion by the appellants to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated April 26, 2017, and May 9, 2017, respectively.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 appellants’ time to perfect the appeals is enlarged until April 3, 2018.MASTRO, J.P., LEVENTHAL, BARROS and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.C., Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Deanna E. R. (Anonymous). SCO Family of Services, petitioner-res, Latisha M. (Anonymous), res-res — Appeal by Latisha M. from an order of the Family Court, Kings County, dated November 8, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Sally Simone Markowitz, Esq., dated February 22, 2018, it isORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:Michael E. Lipson, Esq.366 North Broadway, Suite 410Jericho, NY 11753516-729-1701and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before March 15, 2018, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either(1) the appellant is interested in prosecuting the appeal, or(2) the appellant is not interested in prosecuting the appeal, or that he has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any or orders issued pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Josephine Rodriguez, ap, v. ACS-Kings, res — V-22353-17, V-22354-17) — Appeal by Josephine Rodriguez from an order of the Family Court, Kings County, dated November 28, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Richard Colodny, Esq., dated February 12, 2018, it isORDERED that pursuant to Family Court Act §1120, the following named attorney is assigned as the attorney for the children on the appeal:Geanine Towers, Esq.179 Bay Ridge AvenueBrooklyn, NY 11220718-759-1000and it is further,ORDERED that Richard Colodny, Esq., is directed to turn over all papers in the proceeding to the new attorney for the children herein assigned.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Cohen, Duffy and Iannacci, JJ.MATTER of Ameriprise Insurance Company, ap, v. Jamilah Williams, res — Motion by the appellant, inter alia, to stay an arbitration proceeding between the parties, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered October 13, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.SCHEINKMAN, P.J., COHEN, DUFFY and IANNACCI, JJ., concur.By Leventhal, J.PEOPLE, etc., plf, v. Darren Staton, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Queens County, dated October 31, 2017, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Rivera, J.P.; Dillon, Roman and Iannacci, JJ.PEOPLE, etc., res, v. Mark Ortiz, ap — Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the Supreme Court, Richmond County, rendered January 11, 2017, and for the assignment of new counsel. The appellant’s motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on April 26, 2017, and the following named attorney was assigned as counsel to prosecute the appeal:Seymour W. James, Jr., Esq.The Legal Aid Society199 Water Street – 5th FloorNew York, New York 10038Upon 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 former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Paul Skip Laisure, Esq.Appellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant’s sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.RIVERA, J.P., DILLON, ROMAN and IANNACCI, JJ., concur.By Scheinkman, P.J.; Cohen, Duffy and Iannacci, JJ.MATTER of Nicholas DePalma, Sr., ap, v. Victoria Cordaro, res — Appeal by Nicholas DePalma, Sr., from an order of the Family Court, Richmond County, dated August 14, 2017. By order to show cause dated January 18, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a dated October 4, 2017, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).Now, upon the order to show cause and no papers having been filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the dated October 4, 2017, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).SCHEINKMAN, P.J., COHEN, DUFFY and IANNACCI, JJ., concur.By Scheinkman, P.J.; Cohen, Duffy and Iannacci, JJ.MATTER of Patrick P. v. (Anonymous). SCO Family of Services petitioners- res, Thanh T. K. v. (Anonymous), respondent-appellant res — Appeal by Thanh T. K. V. from an order of the Family Court, Kings County, dated March 20, 2017. By order to show cause dated January 18, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered relieving the attorney assigned by order on certification of this Court dated May 31, 2017, to perfect the appeal on behalf of the respondent-appellant on the ground that the attorney had been unable to contact the respondent-appellant, and dismissing the appeal.Now, upon the order to show cause and no papers having been filed in response thereto, it isORDERED that the motion is granted, assigned counsel is relieved of the assignment, and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.4[a][2]).SCHEINKMAN, P.J., COHEN, DUFFY and IANNACCI, JJ., concur.By Scheinkman, P.J.; Cohen, Duffy and Iannacci, JJ.MATTER of Katerina L. Segreto, res, v. Michael S. Segreto, ap — V-5174-16/16A, V-5174-16/16B, V-5175-16/16A, V-5175-16/16B) — Appeal by Michael S. Segreto from an order of the Family Court, Orange County, dated May 16, 2017. By order to show cause dated January 18, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with a dated July 19, 2017, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).Now, upon the order to show cause and no papers having been filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the dated July 19, 2017, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).SCHEINKMAN, P.J., COHEN, DUFFY and IANNACCI, JJ., concur.By Scheinkman, P.J.; Cohen, Duffy and Iannacci, JJ.Jose Ortega, ap, v. The Roman Catholic Diocese of Brooklyn res — Motion by the respondents, inter alia, to enlarge the record to include a certain deposition transcript on an appeal from an order of the Supreme Court, Kings County, dated May 12, 2017. Separate motion by the respondents for the Court to take judicial notice of two documents. Separate motion by the appellant to strike stated portions of the respondents’ brief on the ground that they refer to matter dehors the record and to enlarge the time to serve and file a reply brief. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.Upon the papers filed in support of the respondents’ motion, inter alia, to enlarge the record to include a certain deposition transcript, and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the respondents’ motion for the Court to take judicial notice of two documents, and the papers filed in opposition thereto, upon the papers filed in support of the appellant’s motion, and the papers filed in opposition thereto, and 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 respondents’ motions are denied; and it is further,ORDERED that the appellant’s motion and the application are granted; and it is further,ORDERED that the following material is stricken from the respondents’ brief: the second full paragraph on page 2, the paragraph beginning on the bottom of page 2 and ending on page 3, the counter statement of facts section B “Plaintiff’s Contributory Negligence”on page 5, and Point III beginning on page 10 and ending on page 12, including footnote 5 on page 10, as well as the reference to Point III in the table of contents; and it is further,ORDERED that on or before April 3, 2018, the respondents shall delete the stricken material from the copies of the respondents’ brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material; and it is further,ORDERED that the appellant’s time to serve and file a reply brief is enlarged until April 17, 2018, and the reply brief shall be served and filed on or before that date.SCHEINKMAN, P.J., COHEN, DUFFY and IANNACCI, JJ., concur.By Balkin, J.P.; Austin, Sgroi and Brathwaite Nelson, JJ.Timothy Shea, ap, v. Bloomberg, L.P., et al., def, Matthew David Events, Ltd. res — Motion by Ferro, Kuba, Mangano & Sklyar, P.C., for leave to withdraw as counsel for the appellant on an appeal from a judgment of the Supreme Court, Orange County, dated August 17, 2017, and, in effect, to enlarge the time to perfect the appeal.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 on or before March 19, 2018, Ferro, Kuba, Mangano & Sklyar, P.C., shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged until May 18, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.BALKIN, J.P., AUSTIN, SGROI and BRATHWAITE NELSON, JJ., concur.By Balkin, J.P.; Duffy, Connolly and Christopher, JJ.Eulan Euba, ap, v. Jancie Euba, et al., res — Motion by the respondent Wells Fargo Bank, N.A., on an appeal from an order of the Supreme Court, Kings County, dated October 11, 2013, for leave to reargue its prior motion pursuant to CPLR 1021 to dismiss for failure to timely substitute a personal representative for the deceased appellant, which was determined by decision and order on motion of this Court dated December 19, 2017.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, the decision and order on motion of this Court dated December 19, 2017, is recalled and vacated, and, upon reargument, the motion by the respondent Wells Fargo Bank, N.A., for leave to reargue its prior motion pursuant to CPLR 1021 to dismiss for failure to timely substitute a personal representative for the deceased appellant is granted (see CPLR 1021).BALKIN, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.By Leventhal, J.P.; Maltese, Nelson and Iannacci, JJ.MATTER of Robert D. Lynch Revocable Trust. Peter T. Owens petitioners-res, Robert D. Lynch, res-res — (File No. 351/11) — Motion by the appellant, inter alia, to recall and vacate so much of a decision and order on motion of this Court dated November 2, 2017, as dismissed an appeal from a decision of the Surrogate’s Court, Westchester County, dated September 22, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.LEVENTHAL, J.P., MALTESE, BRATHWAITE NELSON and IANNACCI, JJ., concur.By Second Judicial Department, Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Spiritual A. A. M. (Anonymous). Westchester County Department of Social Services, petitioner-res, Luz A. (Anonymous), respondent- appellant; Miguel M. (Anonymous), nonparty-ap — Appeal by Luz A., and separate appeal by Miguel M., from an order of the Family Court, Westchester County, dated August 31, 2017.On the Court’s own motion, it isORDERED that the order on certification of this Court dated January 17, 2018, is recalled and vacated; and it is further,ORDERED that the first decretal paragraph of the decision and order on motion dated February 5, 2018, is recalled and vacated.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Ligia Cravo, res, v. Eymund Diegel, ap — Appeal by Eymund Diegel from a judgment of the Supreme Court, Kings County, dated November 17, 2016.On the Court’s own motion, it isORDERED that the of this Court dated February 21, 2018, in the above-entitled case is recalled and vacated.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
