By Mastro, J.P.; Chambers, Duffy and Connolly, JJ.PEOPLE, etc., res, v. Natalya Goberman, ap — Appeal by Natalya Goberman from an order of the Supreme Court, Queens County, dated April 1, 2016.On the Court’s own motion, it isORDERED that the appellant is directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated April 1, 2016, is neither appealable as of right nor by permission (see CPL 450.10, 450.20), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before June 1, 2018, or, if so advised, to make a motion pursuant to CPL 460.10(6) to deem the notice of appeal from the order dated April 1, 2016, to be a notice of appeal from a judgment of conviction of the Supreme Court, Queens County, rendered April 1, 2016, in the above-entitled action, on or before June 1, 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 appellant at the appellant’s last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined, upon the attorney who last appeared for the appellant, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).MASTRO, J.P., CHAMBERS, DUFFY and CONNOLLY, JJ., concur.By Sgroi, J.P.; Maltese, Connolly and Christopher, JJ.Donna Marino, res, v. Frank Marino, ap — Appeal by Frank Marino from an order of the Supreme Court, Nassau County, dated February 16, 2018.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted.SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Robert F. Hudson, ap — Appeal by Robert F. Hudson from an order of the County Court, Dutchess County, dated July 5, 2016.On the Court’s own motion, it isORDERED that the appellant is directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated July 5, 2016, is neither appealable as of right nor by permission (see CPL 450.10, 450.20), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before June 11, 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 appellant at the appellant’s last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined, upon the attorney who last appeared for the appellant, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Rivera, J.P.; Chambers, Cohen and Barros, JJ.Anita Halvatzis, res, v. Joseph Perrone, appellant def — Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated March 27, 2017, to strike portions of the respondent’s brief which contain points of argument asserting that the Supreme Court erred in dismissing certain causes of action.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted to the extent that the respondent’s brief is stricken, on or before June 11, 2018, the respondent shall serve and file a replacement brief which does not contain points of argument asserting that the Supreme Court erred in dismissing certain causes of action, and the motion is otherwise denied; and it is further,ORDERED that on the Court’s own motion, the appellant may serve and file a replacement reply brief on or before June 27, 2018, if so advised.RIVERA, J.P., CHAMBERS, COHEN and BARROS, JJ., concur.By Mastro, J.P.; Dillon, Lasalle and Connolly, JJ.MATTER of Yechiel Goldstein, ap, v. Miriam Goldstein, res — (Proceeding No. 1)MATTER of Miriam Goldstein, res, v. Yechiel Goldstein, ap — (Proceeding No. 2) V-3753-15, V-14819-15, V-14820-15, V-14821-15, V-14822-15, V-15976-16, V-15977-16, V-15978-16, V-15979-16, V-15980-16, V-15981-16, V-15982-16, V-15983-16, V-15976-16/16A,V-15977-16/16A, V-15978-16/16A, V-15979-16/16A, V-15980-16/16A, V-15981-16/16A, V-15982-16/16A, V-15983-16/16A, O-2985-15) — Appeals by Yechiel Goldstein from four orders of the Family Court, Kings County, all dated March 14, 2018.On the Court’s own motion, it isORDERED that the appeals are dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in proceedings pursuant to Family Court Act article 6, part 3 or article 8 (see Family Ct Act §1112), and leave to appeal has not been granted.MASTRO, J.P., DILLON, LASALLE and CONNOLLY, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Meredith Bernstein, appellant-res, v. Mark Bernstein, respondent-appellant; Law Offices of Eyal Talassazan, P.C., nonparty-res — Application by Meredith Bernstein pursuant to 22 NYCRR 670.8(d)(2) for a 90-day enlargement of the time to perfect her appeal from an order of the Supreme Court, Nassau County, dated August 23, 2017 (Appellate Division Docket No. 2017-10835). Separate application by Mark Bernstein to enlarge the time to perfect his cross appeal from the order dated August 23, 2017 (Appellate Division Docket No. 2017-10835), his appeal from an order of the same court also dated August 23, 2017 (Appellate Division Docket No. 2017-11316), and his appeals from two decisions and orders (one paper each) of the same court also dated August 23, 2017 (Appellate Division Docket Nos. 2017-11317, 2017-11318).Upon the papers filed in support of the application by the appellant-respondent and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application by the respondent-appellant and the papers filed in opposition thereto, it isORDERED that on the Court’s own motion, so much of an order on application of this Court, entitled “[i]n the Matter of Applications for Extensions of Time” dated May 1, 2018, as granted the application by Meredith Bernstein and extended the time to perfect the appeal from the order under Appellate Division Docket No. 2017-10835 is recalled and vacated; and it is further,ORDERED that on the Court’s own motion, the parties to the appeals and cross appeal are directed to show cause before this Court why an order should or should not be made and entered dismissing (1) the appeals from the decisions and orders in the above-entitled action on the grounds that no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Co., 100 AD2d 509) and no appeal lies as of right from 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 (2) the appeal and cross appeal from the order under Appellate Division Docket No. 2017-10835 and the appeal from the order under Appellate Division Docket No. 2017-11316 on the ground that no appeal or cross appeal lies from orders that determine a motion to reargue or renew a decision (see DeFalco v. JRS Confectionary, 118 AD2d 752, 753; Zabezhanskaya v. Dinhofer, 2 A.D.3d 521), 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 June 1, 2018; and it is further,ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.ORDERED that the applications are held in abeyance in the interim.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Aaliyah B. (Anonymous). Administration for Childrens Services, petitioner-res, Althea R. (Anonymous), respondent-appellant res — (Proceeding No. 1)MATTER of Allana R. (Anonymous). Administration for Childrens Services, petitioner-res, Althea R. (Anonymous), respondent-appellant res — (Proceeding No. 2) — Appeal by Althea R. from an order of the Family Court, Kings County, dated August 9, 2017. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until June 1, 2018.Dina Cappa Vihinen, ap, v. Eric James Vihinen, res — Appeal by Dina Cappa Vihinen from an order of the Supreme Court, Orange County, dated August 17, 2017. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until June 8, 2018.MATTER of Zyla W. (Anonymous). Administration for Childrens Services, petitioner-res, Sharee J. (Anonymous), respondent-appellant res — Appeal by Sharee J. from an order of the Family Court, Kings County, dated August 17, 2017. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until June 7, 2018.MATTER of Aliyah T. (Anonymous). Administration for Childrens Services, petitioner-res, Jaivon T. (Anonymous), res-res — (Proceeding No. 1)MATTER of Adrianna H. (Anonymous). Administration for Childrens Services, petitioner-res, Jaivon T. (Anonymous), res-res — (Proceeding No. 2) — Appeals by Jaivon T. from three orders of the Family Court, Richmond County, one dated March 29, 2017, and two dated June 30, 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 appeals is enlarged until June 14, 2018.By Leventhal, J.P.; Cohen, Hinds-Radix and Iannacci, JJ.MATTER of Arie Berkovitz pet, v. Helms Brothers, Inc. res, H.Q. Nguyen nonparty-appellants-res, Yankowitz Law Firm, nonparty-res-res — Motion by the nonparty-appellants-respondents on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated July 5, 2017, to deem the notice of appeal to be a premature notice of appeal from a judgment of the same court dated December 22, 2017, and to enlarge the time to perfect the appeal. Cross motion by the nonparty-respondent-appellant to dismiss the appeal from the order on the ground that the right of direct appeal terminated upon entry of the judgment.Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it isORDERED that the motion is granted, the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]) to the extent that the judgment raises issues concerning the order, and the nonparty-appellants-respondents’ time to perfect the appeal is enlarged until July 10, 2018; and it is further,ORDERED that on the Court’s own motion, the notice of cross appeal from the order is deemed to be a premature notice of cross appeal from the judgment (see CPLR 5520[c]) to the extent that the judgment raises issues concerning the order, and the nonparty-respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,ORDERED that the cross motion is denied.LEVENTHAL, J.P., COHEN, HINDS-RADIX and IANNACCI, JJ., concur.By Leventhal, J.P.; Cohen, Hinds-Radix and Iannacci, JJ.PEOPLE, etc., res, v. Jermell I. Mclean, ap — Motion by the appellant pro se on an appeal from a judgment of the County Court, Dutchess County, rendered November 30, 2017, for leave to prosecute the appeal 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 isORDERED that on the Court’s own motion, the appellant is directed either (1) to show cause before this Court why the appeal should not be dismissed on the ground that the notice of appeal from the judgment was untimely (see CPL 460.30) by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before July 10, 2018, or (2), if so advised, to make a motion pursuant to CPL 460.30 to deem the notice of appeal timely filed, on or before July 10, 2018; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to respond to the order to show cause or to make a motion pursuant to CPL 460.30:Carol Kahn, Esq.225 Broadway, Suite 1510New York, NY 10007and it is further,ORDERED that the appellant’s motion is held in abeyance pending determination of this Court’s motion to dismiss the appeal; and it is further,ORDERED that assigned counsel is directed to serve a copy of this order to show cause upon the clerk of the court from which the appeal is taken; 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 appellant at the appellant’s last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined, upon the attorney who last appeared for the appellant, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).LEVENTHAL, J.P., COHEN, HINDS-RADIX and IANNACCI, JJ., concur.MATTER of Zahimire E. G. (Anonymous). Dutchess County Department of Social Services, petitioner-res, Lyasia R. B. (Anonymous), res-res — (Proceeding No. 1)MATTER of Zyashia D. D. B. G. (Anonymous). Dutchess County Department of Social Services, petitioner-res, Lyasia R. B. (Anonymous), res-res — (Proceeding No. 2) B-04222-14/16D, B-04222-14/16E ) — Appeal by Lyasia R. B. from an order of the Family Court, Dutchess County, dated March 26, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or(5) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Xochitl Roa, ap, v. Peter Marte, res — V-3830-17/17C) — Appeal by Xochitl Roa from an order of the Family Court, Orange County, dated March 20, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of JaNiyah M. (Anonymous). Administration for Children’s Services, petitioner-appellant; Justina R. (Anonymous), res-res — Appeal by Administration for Children’s Services from an order of the Family Court, Kings County, dated March 8, 2018. The appellant’s brief was filed in the office of the Clerk of this Court on May 7, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this order, the briefs for the respondent and the attorney for the child in the above-entitled appeal shall be served and filed.MATTER of Linda Rohde, pet-res, v. Brian Bartolotta, appellant res — Appeal by Brian Bartolotta from an order of the Family Court, Suffolk County, dated April 18, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or(5) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Louie L. v. (Anonymous). Administration for Childrens Services, petitioner-res, Virzhiniya T. V., (Anonymous), res-res — Appeal by Virzhiniya T. V. from an order of the Family Court, Kings County, dated March 28, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or(5) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Virzhiniya Toneva Valentin, ap, v. Luis M. Valentin, res — Appeal by Virzhiniya Toneva Valentin from an order of the Family Court, Kings County, dated March 28, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or(5) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.By Rivera, J.P.; Dillon, Roman and Connolly, JJ.US Bank National Association, res, v. Pedro A. Tene, appellant def — Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this Court dated November 27, 2017, which dismissed an appeal from an order of the Supreme Court, Suffolk County, dated May 13, 2016, for failure to timely perfect.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., DILLON, ROMAN and CONNOLLY, JJ., concur.By Balkin, J.P.; Austin, Sgroi and Brathwaite Nelson, JJ.MATTER of JP Morgan Chase Bank, N.A., petitioner-res, Russell Smith objectants-appellants; Susan Iannelli nonparty-res — Motion by the objectants-appellants for leave to reargue appeals from three orders of the Supreme Court, Kings County, all dated February 27, 2015, which were determined by decision and order of this Court dated February 14, 2018, 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 isORDERED that the motion is denied, with $100 costs.BALKIN, J.P., AUSTIN, SGROI and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Zahir W. (Anonymous). Administration for Childrens Services, petitioner-res, Ebony W. (Anonymous), res-res — (Proceeding No. 1)MATTER of Julius C. (Anonymous). Administration for Childrens Services, petitioner-res, Ebony W. (Anonymous), res-res — (Proceeding No. 2) — Appeal by Ebony W. from an order of the Family Court, Queens County, dated February 20, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Ann M. Marquez, dated April 19, 2018, it isORDERED that the following named attorney is assigned as counsel to prosecute the appeal:Ann M. Marquez535 5th Avenue, 4th FloorNew York, NY 10017646-792-2186and 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 children, 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 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 children, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that assigned counsel shall serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this order, the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this , the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Baby Boy W. (Anonymous), a/k/a Malikah W. (Anonymous). Westchester County Department of Social Services, petitioner-res, Antoinette W. (Anonymous), res-res — (Proceeding No. 1)MATTER of Baby Girl W. (Anonymous), a/k/a Malazah W. (Anonymous). Westchester County Department of Social Services, petitioner-res, Antoinette W. (Anonymous), res-res — (Proceeding No. 2) — Appeal by Antoinette W. from an order of the Family Court, Westchester County, dated February 16, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of William Martin, dated February, 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:Gloria Marchetti-Bruck445 Hamilton Avenue, Suite 1102White Plains, NY 10601914-358-0032and 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 May 25, 2018, shall notify the Case Manager assigned to the appeal, in writing, that she 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 she 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 children, 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 appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, 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.MATTER of Kamryn C. (Anonymous). Administration for Childrens Services, petitioner-res, Pedro M. (Anonymous), res-res — (Proceeding No. 1)MATTER of Josiah B. M. (Anonymous). Administration for Childrens Services, petitioner-res, Pedro M. (Anonymous), res-res — (Proceeding No. 1) — Appeal by Pedro M. from an order of the Family Court, Kings County, dated April 9, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or(5) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.By Leventhal, J.P.; Cohen, Hinds-Radix and Iannacci, JJ.Joseph Kleinman, ap, v. Weisman Law Group, P.C. res — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 6, 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 June 11, 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.LEVENTHAL, J.P., COHEN, HINDS-RADIX and IANNACCI, JJ., concur.By Leventhal, J.P.; Cohen, Hinds-Radix and Iannacci, JJ.Anita Caruso, etc., ap, v. Premier Paratransit, LLC, res — Motion by the appellant to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated June 23, 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 serve and file a reply brief is enlarged until May 31, 2018, and the reply brief shall be served and filed on or before that date.LEVENTHAL, J.P., COHEN, HINDS-RADIX and IANNACCI, JJ., concur.By Leventhal, J.P.; Cohen, Hinds-Radix and Iannacci, JJ.Scott Kamm, ap, v. Cynthia Kamm, res — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, dated December 30, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted, the respondent’s time to serve and file a brief is enlarged until June 11, 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.LEVENTHAL, J.P., COHEN, HINDS-RADIX and IANNACCI, JJ., concur.MATTER of Ilda Lliguicota, res, v. Cesar Calva, ap — Appeal by Cesar Calva from an order of the Family Court, Kings County, dated November 17, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on May 8, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the respondent’s brief shall be served and filed within 30 days of the date of this .By Leventhal, J.P.; Cohen, Hinds-Radix and Iannacci, JJ.Bank of America, Inc., ap, v. Shmuel Genzler, res, et al., def — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 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 June 11, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that dateLEVENTHAL, J.P., COHEN, HINDS-RADIX and IANNACCI, JJ., concur.MATTER of Jaire C. (Anonymous). Administration for Childrens Services, petitioner-res, Lucinda J. (Anonymous), res-res — (Proceeding No. 1)MATTER of Jekiah C. (Anonymous). Administration for Childrens Services, petitioner-res, Lucinda J. (Anonymous), res-res — (Proceeding No. 2) — Appeal by Lucinda J. from an order of the Family Court, Kings County, dated March 7, 2018. By order on certification of this Court dated April 16, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Anthony DeGuerre25 Hyatt Street, Suite 201Staten Island, New York 10301347-495-7554By letter dated May 3, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcripts has not been received, an affidavit or affirmation stating that the order on certification of this Court dated April 16, 2018, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.By Leventhal, J.P.; Cohen, Hinds-Radix and Iannacci, JJ.Julie Shacknow, res, v. Jeffrey R. Fischman, ap — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 13, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is enlarged until May 31, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.LEVENTHAL, J.P., COHEN, HINDS-RADIX and IANNACCI, JJ., concur.By Leventhal, J.P.; Cohen, Hinds-Radix and Iannacci, JJ.Shoshana Bilyavskiy ap, v. Manish Parikh res — Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated April 20, 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 appellants’ time to perfect the appeal is enlarged until June 11, 2018, and the record or appendix on the appeal and the appellants’ brief shall be served and filed on or before that date.LEVENTHAL, J.P., COHEN, HINDS-RADIX and IANNACCI, JJ., concur.Carlos Figueroa ap, v. City of New York res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 9, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Scott Ogman, ap, v. Joy L. Levine, res — Application by the appellant for leave to withdraw an appeal from an order of the Family Court, Nassau County, dated May 3, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Patricia Morabito, ap, v. Joseph W. Esposito, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 8, 2018.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Rosalie Schug, ap, v. Exxe Corp., etc. res — Appeal from an order of the Supreme Court, Queens County, dated December 6, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated May 7, 2018, it isORDERED that the appeal is marked withdrawn.Jennifer Burger, plf-ap, v. Brickman Group Ltd., LLC, defendant third-party plf-res, Healthcare Parking Systems of America, Inc., defendant; Sorby Contracting, Inc., third-party def — Application by the plaintiff-appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 6, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.MATTER of Orlando F. Huari, res, v. Marlin Hernandez, ap — Appeal by Marlin Hernandez from an order of the Family Court, Westchester County, dated September 14, 2017. By order dated March 27, 2018, the appellant was directed to file one of the following in the office of the Clerk of this Court, within 30 days after the date of the :(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or(4) an affidavit or an affirmation withdrawing the appeal.The appellant has failed to comply with the order. Pursuant to §670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]), it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the order dated March 27, 2018, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before June 1, 2018; and it is further,ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.MATTER of Chanel Tierra Jones, res, v. Corey Lance Whittick, ap — Appeal by Corey Lance Whittick from an order of the Family Court, Nassau County, dated September 13, 2017. By order on certification of this Court dated April 3, 2018, the following attorney was assigned as counsel for the appellant on the appeal, and was directed, inter alia, to contact the appellant and determine the appellant’s interest in perfecting the appeal:Gail Jacobs10 St. George RoadGreat Neck NY 11021516-773-3107By letter dated May 3, 2018, assigned counsel notified the Court that she has been unable to contact the 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 appellant and dismissing the 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 June 1, 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 appellant, by regular mail.MATTER of Azriel Madmoni, ap, v. Odelia Madmoni, res — Appeal by Azriel Madmoni from an order of the Family Court, Queens County, dated June 26, 2017. By order dated March 30, 2018, the appellant was directed to file one of the following in the office of the Clerk of this Court, within 30 days after the date of the :(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or(4) an affidavit or an affirmation withdrawing the appeal.The appellant has failed to comply with the order. Pursuant to §670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]), it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the order dated March 30, 2018, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before June 1, 2018; and it is further,ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.MATTER of Deborah D. (Anonymous). Administration for Childrens Services, petitioner- res, Elliot D. (Anonymous), respondent- ap — MATTER of Isaac D. (Anonymous). Administration for Childrens Services, petitioner- res, Elliot D. (Anonymous), respondent- ap — Appeal by Elliot D. from an order of the Family Court, Kings County, dated October 24, 2017. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until June 7, 2018.MATTER of Latisha Cooper, res, v. Maliek Nicholson, ap — (Proceeding No. 1)MATTER of Maliek Nicholson, ap, v. Latisha Cooper, res — (Proceeding No. 2) — Appeals by Maliek Nicholson from three orders of the Family Court, Queens County, all dated October 5, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeals is enlarged until June 13, 2018.MATTER of Samira Mrsic, appellant- res, v. Kwak Yen Kwan, respondent- ap — V-27961/09, V-27962/09) — Appeal by Samira Mrsic, and cross appeal by Kwak Yen Kwan, from an order of the Family Court, Kings County, dated December 9, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the children to serve and file a brief on the appeal is enlarged until June 11, 2018.By Roman, J.P.; Miller, Connolly and Christopher, JJ.Andrea Mannino ap, v. Wells Fargo Home Mortgage, Inc., respondent defendants (and a third-party action). — Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated July 7, 2015, which was determined by decision and order of this Court dated November 15, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.ROMAN, J.P., MILLER, CONNOLLY and CHRISTOPHER, JJ., concur.By Sgroi, J.P.; Maltese, Connolly and Christopher, JJ.Bridge View Tower Condominium, etc., res, v. Bridge View Tower, LLC, appellant def — Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 2, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.By Sgroi, J.P.; Maltese, Connolly and Christopher, JJ.Bridge View Tower Condominium, etc., res, v. Bridge View Tower, LLC, appellant def — Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 2, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.By Sgroi, J.P.; Maltese, Connolly and Christopher, JJ.Bridge View Tower Condominium, etc., res, v. Bridge View Tower, LLC, appellant def — Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 2, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.By Sgroi, J.P.; Maltese, Connolly and Christopher, JJ.Fermin Xelo res, v. Ena M. Hamilton ap — Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Queens County, entered November 30, 2017, pending hearing and determination of an appeal therefrom.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.By Sgroi, J.P.; Maltese, Connolly and Christopher, JJ.Maria-Lucia Anghel, ap, v. Ruskin Moscou Faltischek, P.C., et al., res — Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated May 8, 2017, “to stay enforcement of the order to transfer,” pending hearing and determination of an appeal from the order dated May 8, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.By Sgroi, J.P.; Maltese, Connolly and Christopher, JJ.MATTER of Francis A. Nicolai, res, v. Michael H. McLaughlin ap — Motion by the respondent for a preference in the calendaring of an appeal from an order of the Supreme Court, Westchester County, dated October 7, 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, and the appeal will be calendared expeditiously.SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.By Sgroi, J.P.; Maltese, Connolly and Christopher, JJ.MATTER of Richard Blackman, deceased. Boca Raton Regional Hospital, Inc., petitioner- res, Tim Williams, etc., respondent- ap — (File No. 371737A/12) — Motion by the petitioner-respondent for a preference in the calendaring of an appeal from an order of the Surrogate’s Court, Nassau County, dated October 2, 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, and the appeal will be calendared expeditiously.SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.By Sgroi, J.P.; Maltese, Connolly and Christopher, JJ.20 Tibbits, LLC, ap, v. Robert Kurshan, res — Motion by the respondent for a preference in the calendaring of an appeal from an order of the Supreme Court, Nassau County, entered March 12, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted and the appeal will be calendared expeditiously after all of the briefs have been filed.SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.By Sgroi, J.P.; Maltese, Connolly and Christopher, JJ.Daniel Washington, plf-res, v. City of New York, ap, Silverite Construction Company, Inc., et al., defendants-respondents defendant (and a third-party action). — Motion by the plaintiff-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 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 denied as unnecessary in light of the stay issued by the Supreme Court, Kings County.SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.By Sgroi, J.P.; Maltese, Connolly and Christopher, JJ.MATTER of Harry Hitner ap, v. Planning Board of the Town of Patterson res — (Proceeding No. 1)MATTER of Harry Hitner, ap, v. Planning Board of the Town of Patterson, et al., res — (Proceeding No. 2) — Motion by the appellants to enjoin the respondent Patterson Crossing Realty Company, LLC, from constructing the proposed fueling facility, pending hearing and determination of an appeal from a judgment of the Supreme Court, Westchester County, dated July 7, 2017. Cross motion by the respondent Planning Board of the Town of Patterson for a preference in the calendaring of the appeal, to strike certain portions of the appellants’ appendix on the ground that they contain matter dehors the record, and to enlarge the time to serve and file a brief. Separate cross motion by the respondent Patterson Crossing Realty Company, LLC, for a preference in the calendaring of the appeal, to strike certain portions of the appellants’ appendix and the appellants’ brief on the ground that they contain or refer to matter dehors the record, and to enlarge 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 motions and the papers filed in relation and in opposition thereto, it isORDERED that the motion is denied; and it is furtherORDERED that the branches of the cross motions which are for a preference in the calendaring of the appeal is denied; and it is furtherORDERED that the branches of the cross motions which are to strike certain portions of the appellants’ appendix and the branch of the cross motion which is to strike certain portions of the appellants’ brief 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 branches of the cross motions which are to enlarge the time of the respondent Planning Board of the Town of Patterson and the respondent Patterson Crossing Realty Company, LLC, to serve and file their respective briefs are granted, the time of the respondent Planning Board of the Town of Patterson and the respondent Patterson Crossing Realty Company, LLC, to serve and file their respective briefs is enlarged until June 11, 2018, and the briefs shall be served and filed on or before that date.SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.By Mastro, J.P.; Cohen, Connolly and Brathwaite-Nelson, JJ.William Terribile res, v. Jeffrey W. Degen, etc. ap — Application to withdraw an appeal from an order of the Supreme Court, Rockland County, dated May 16, 2016.Upon the stipulation of the attorneys for the respective parties to the appeal dated May 4, 2018, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.MASTRO, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.PEOPLE, etc., res, v. Charles Rodriguez, ap — Appeal from a judgment of the Supreme Court, Nassau County, rendered June 5, 2017.Upon the stipulation of the appellant and the attorneys for the respective parties to the appeal dated April 25, 2018, it isORDERED that the appeal is marked withdrawn.Ana T. Caballero, ap, v. Derek R. Madden res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 14, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.DP 21, LLC, ap, v. 269 North Bedford Rd. Mt. Kisco Corp. res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 12, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Wilmington Savings Fund Society, FSB, etc., res, v. Cathy Moriarty-Gentile appellants def — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 17, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Rivera, J.P.; Dillon, Nelson and Christopher, JJ.Bank of New York Mellon, etc., res, v. Krista Selig, appellant def — Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated September 25, 2015, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on 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.RIVERA, J.P., DILLON, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Antoinetta DiMartino, res, v. Conair Corporation, defendant/third third-party plaintiff-appellant defendant; Universal Fragrance Corporation, third third-party defendant-appellant (and other third-party actions). — Application by the third third-party defendant-appellant on appeals from an order of the Supreme Court, Westchester County, dated September 29, 2016, for leave to withdraw its appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal by the third third-party defendant-appellant is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Edwin Rivera, res, v. Raffi Kasparyan, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 25, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Sgroi, J.P.; Maltese, Connolly and Christopher, JJ.MATTER of Heldert Thelot, ap, v. Kathryn E. Patterson, res — V-22217-12/18K, V-26669-12/18K, V-26670-12/18K, V-22216-12/18K) — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated March 16, 2018, as a poor person and for the assignment of counsel.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 denied, with leave to renew, within 30 days after the date of this decision and order on motion, upon proper papers, including the appellant’s affidavit setting forth the appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this decision and order on motion; and it is further,ORDERED that within 30 days after the date of this decision and order on motion, the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or(4) if the appellant is indigent and cannot obtain the minutes or perfect the appeal, a motion in this Court, as set forth above, for leave to prosecute the appeal as a poor person and for the assignment of counsel; or(5) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5), above, has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.By Sgroi, J.P.; Maltese, Connolly and Christopher, JJ.Rosemarie Baviello, res, v. Patterson Auto Convenience Store, Inc., et al., appellants def — 2018-01073Rosemarie Baviello, respondent,v Patterson Auto Convenience Store, Inc.,et al., appellants defendant.(Index No. 672/15) Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Dutchess County, dated July 12, 2017, and November 13, 2017, respectively, to enlarge the time to perfect the appeal from the order dated July 12, 2017, and to consolidate the appeals.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 time to perfect the appeal from the order dated July 12, 2017, is granted, and the appellant’s time to perfect that appeal is enlarged until June 11, 2018; and it is further,ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,ORDERED that the motion is otherwise denied.SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Mark Baugh, ap — On the Court’s own motion, it isORDERED that the order to show cause dated May 9, 2018, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated January 19, 2016, 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 isORDERED that on the Court’s own motion, the appellant is directed to show cause before this Court why the appeal from the order dated January 19, 2016, except so much of the order as determined the branch of the appellant’s motion pursuant to CPL 440.30(1-a), should not be dismissed on the ground that the order dated January 19, 2016, except so much of the order as determined the branch of the appellant’s motion pursuant to CPL 440.30(1-a), is not that appealable as of right (see CPL 450.10; 450.15), and leave to appeal has not been granted, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before July 10, 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 appellant at the appellant’s last known place of residence or, if the appellant is institutionalized, at the institution in which the appellant is confined, upon the attorney for the appellant, assigned herein, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,ORDERED that the appellant’s 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 nine copies of their respective briefs and to serve one copy on each other; 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and 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 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Devon Ellis, ap — Appeal from a judgment of the County Court, Westchester County, rendered July 13, 2015.On the Court’s own motion, it isORDERED that the brief filed by the appellant pursuant to the decision and order on motion of this Court dated December 13, 2017, is accepted for filing and deemed timely served.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
