At a Term of the Appellate Division of the Supreme Court ... · PDF fileAt a Term of the Appellate Division of the Supreme Court held in and for the First Judicial Department in ...

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on April 18, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice,Peter TomAngela M. MazzarelliRichard T. AndriasDavid Friedman, Justices.

--------------------------------------XInterasian Digital Technology HoldingsLtd.,

Petitioner-Respondent,

-against- M-609XIndex No. 600006/10

James Park and Praxton, LLC,Respondents-Appellants.

--------------------------------------X

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about September 21, 2012,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered" January 31, 2013, and due deliberation having been had thereon,

It is ordered that the appeal is withdrawn inaccordance with the aforesaid stipulation.

ENTER:

_____________________ CLERK



--------------------------------------XSterling Resources International LLC,

Plaintiff-Appellant,


Leerink Swann, LLC,Defendant-Respondent.

--------------------------------------X

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about September 21, 2012 (mot. seq. no. 003),

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered" February 4, 2013, and due deliberation having been had thereon,


ENTER:

_____________________ CLERK



------------------------------------XAnthony Guigliano,

Plaintiff-Respondent,


Antonio Truglio,Defendant-Appellant.

------------------------------------X

An appeal having been taken from an order of theSupreme Court, Bronx County, entered on or about April 9, 2012,



ENTER:

_____________________ CLERK



--------------------------------------XMiriam Feygenson,



Hector Mendez, At Your Service 123LLC, Ibrahim Sobi, Tense Cab Corp.,and America's Cleaning,

Defendants-Appellants. --------------------------------------X

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about April 9, 2012,



ENTER:

_____________________ CLERK



------------------------------------XIsidro Royer-Camacho,



B. Martinez-Mejia,Defendant-Appellant.

------------------------------------X

An appeal having been taken from an order of theSupreme Court, Bronx County, entered on or about November 19,2012,



ENTER:

_____________________ CLERK



--------------------------------------XAlthrie Sanders,



Victory Food Inc. and Mega 99 CentsCorp., doing business as Mega 99,

Respondents-Appellants. --------------------------------------X

An appeal having been taken from an order of theSupreme Court, Bronx County, entered on or about December 18,2012,



ENTER:

_____________________ CLERK



--------------------------------------XTD Bank, N.A., successor by merger to Commerce Bank, N.A.,



Cynthia O'Neal,Defendant-Appellant,

The Good Service Company, Inc., Sunny Days in the Park, Inc.,Christin O'Neal and James Banuzel,

Defendants. --------------------------------------X

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about February 2,2012,



ENTER:

_____________________ CLERK



------------------------------------XBrian Luongo,


-against- M-1355X Index No. 6969/04

City of New York,

Defendant-Appellant.------------------------------------X

An appeal having been taken from a judgment of theSupreme Court, Bronx County, entered on or about November 7,2012,

Now, after pre-argument conference and upon reading and filing the stipulation of the parties hereto, "so ordered" March 7, 2013, and due deliberation having been had thereon,


ENTER:

_____________________ CLERK

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on April 18, 2013..


------------------------------------XCarnegie Associates, Ltd.,



Kevin S. Daly, et al.,Defendants-Respondent.

------------------------------------X

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about September 27,2012,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered" March 7, 2013, and due deliberation having been had thereon,


ENTER:

_____________________ CLERK



--------------------------------------XAbraham Sandberg, Individually, andDerivatively on behalf of Basel, LLC,



Ron Waldmann, Basel, LLC and TheBasel Group,

Defendants-Respondents-Appellants. --------------------------------------X

An appeal and cross appeal having been taken from anorder of the Supreme Court, New York County, entered on or aboutMay 15, 2012,


It is ordered that the appeal and cross appeal arewithdrawn in accordance with the aforesaid stipulation.

ENTER:

_____________________ CLERK


Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

------------------------------------XTerrastone Audubon, L.P.,

Plaintiff-Respondent,M-97

-against- Index No. 108948/10

Blair Ventures, LLC,Defendant-Appellant,

Arthur Feinman, et al.,Defendants.

------------------------------------X

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about December 21, 2012,

And defendant-appellant having moved for a stay of theaforesaid order pending hearing and determination of the appeal,

Now, upon reading and filing the papers with respect to the motion, and the stipulation of the parties, dated February 28, 2013, and due deliberation having been had thereon,it is

Ordered that the motion is deemed withdrawn in accordancewith the aforesaid stipulation.

ENTER:

_____________________ CLERK


PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

------------------------------------XThe People of the State of New York,

Respondent, M-969

-against- Ind. No. 4525/12 Rawchaayah Wright,


Defendant having moved for leave to prosecute, as a poor person,the appeal from a judgment of the Supreme Court, New York County,rendered on or about January 10, 2013, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) two transcripts of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

ENTER:

_____________________ CLERK




Respondent, M-989

-against- Ind. No. 4305/12

Alberto Hernandez, Defendant-Appellant.

------------------------------------X






ENTER:

_____________________ CLERK




Respondent, M-991


Martin Jefferson, Defendant-Appellant.

------------------------------------X






ENTER:

_____________________ CLERK




Respondent, M-993


Ricky Kornegay, Defendant-Appellant.

------------------------------------X






ENTER:

_____________________ CLERK




Respondent, M-994


Maurice S. Ligard, Defendant-Appellant.

------------------------------------X






ENTER:

_____________________ CLERK




Respondent, M-995

-against- Ind. No. 3604N/12

Rodney Lee, Defendant-Appellant.

------------------------------------X






ENTER:

_____________________ CLERK




Respondent, M-996

-against- Ind. Nos. 2850/12 4902/12Noel Martinez,


Defendant having moved for leave to prosecute, as a poor person,the appeal from a judgments of the Supreme Court, New York County,rendered on or about January 2, 2013, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,





ENTER:

_____________________ CLERK




Respondent, M-997


Arjelis Matos, Defendant-Appellant.

------------------------------------X

Defendant having moved for leave to prosecute, as a poor person,the appeal from a judgment of the Supreme Court, New York County,rendered on or about April 22, 2011, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,




Richard M. Greenberg, Esq., Office of the Appellate Defender, 11 Park Place, Room 1601, New York, New York 10007, Telephone No. 212-402-4100, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shall perfectthis appeal is hereby enlarged until 120 days from the date of filingof the record.

ENTER:

_____________________ CLERK




Respondent, M-999


Rafael A. Montanez, Defendant-Appellant.

------------------------------------X

Defendant having moved for leave to prosecute, as a poor person,the appeal from a judgment of the Supreme Court, New York County,rendered on or about December 18, 2012, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,




Richard M. Greenberg, Esq., Office of the Appellate Defender, 11 Park Place, Room 1601, New York, New York 10007, Telephone No. 212-402-4100, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shall perfectthis appeal is hereby enlarged until 120 days from the date of filingof the record.

ENTER:

_____________________ CLERK




Respondent, M-1000

-against- Ind. No. 895N/09 Edward McLaughlin, also known as Cookie Love,







ENTER:

_____________________ CLERK




Respondent, M-1002

-against- Ind. No. 4964/11 Devontae Mcullin,







ENTER:

_____________________ CLERK




Respondent, M-1003


Lerun Nightingale, Defendant-Appellant.

------------------------------------X

Defendant having moved for leave to prosecute, as a poor person,the appeal from a judgment of the Supreme Court, New York County,rendered on or about May 18, 2012, for leave to have the appeal heardupon the original record and a reproduced appellant's brief, and forrelated relief,



The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) two transcripts of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, of the plea ortrial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, New York 10006, Telephone No.212-577-2523, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shall perfectthis appeal is hereby enlarged until 120 days from the date of filingof the record.

ENTER:

_____________________ CLERK




Respondent, M-1004

-against- Ind. No. 3566/12 Jeffrey Otero,







ENTER:

_____________________ CLERK




Respondent, M-1005

-against- Ind. No. 4578/11 Michael Poole,







ENTER:

_____________________ CLERK




Respondent, M-1007

-against- Ind. Nos. 3402/11 2078/11 Dwight Perry,







ENTER:

_____________________ CLERK




Respondent, M-1008

-against- Ind. No. 3388/12 Norman Randall,







ENTER:

_____________________ CLERK




Respondent, M-1011

-against- Ind. Nos. 1441/12 657/12 Fred Taylor,







ENTER:

_____________________ CLERK

CORRECTED ORDER- July 1, 2014 At a Term of the Appellate Division of the Supreme

Court held in and for the First Judicial Department in the County of New York on April 18, 2013 .

Present - Hon. Luis A. Gonzalez, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman,

------------------------------------X The People of the State of New York,

Respondent,

-against-

Paul Hewett,

Defendant-Appellant . ------------------------------------X

Presiding Justice,

Justices .

M-4100 Ind. No. 3209/11

1559/11

Defendant having moved for leave to prosecute, as a poor person, the appeal from a judgment of the Supreme Court, New York County, rendered on or about June 4, 2012, for leave to have the appeal heard upon the original record and a reproduced appellant's brief, and for related relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent of permitting the appeal to be heard on the original record, except that a certified copy of the indictment(s) shall be substituted in place of the original indictment(s), and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the District Attorney of said county and files copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this Court.

The court reporter shall promptly make and file with the criminal court (CPL §460.70) two transcripts of the stenographic minutes of any proceedings pursuant to CPL §210 . 20, Arts. 710 and 730, of the plea or trial and sentence. The Clerk shall furnish a copy of such transcripts to appellant's counsel, without charge, the transcripts to be returned to this Court when appellant ' s brief is filed.

CORRECTED ORDER- April 23, 2014

(M-4100) -2- April 18, 2013

Dawn M. Cardi, Esq., 2 Park Avenue, 19th Fl. , New York, NY 10016, Telephone No. 212-481-7770, is assigned as counsel for defendant-appellant for purposes of the appeal. The time within which appellant shall perfect this appeal is hereby enlarged until 120 days from the date of filing of the record.

ENTER:



--------------------------------------XKenneth Cuevas,

Plaintiff-Respondent-Appellant,

-against-

Hermes Waste Services Corp.,Defendant-Respondent, M-1337

Index No. 116822/09 -and-

The Department of Education of theCity of New York and New York CitySchool Construction Authority,

Defendants-Appellants-Respondents.--------------------------------------X

An appeal and cross appeal having been taken from theamended order of the Supreme Court, New York County, entered onor about December 27, 2011,

Now, upon reading and filing the stipulation of theparties hereto, dated January 15, 2013, and due deliberationhaving been had thereon,

It is ordered that the appeal, previously perfected forthe October 2012 Term, is withdrawn in accordance with theaforesaid stipulation, and the cross appeal is deemed withdrawnaccordingly.

ENTER:

_____________________ CLERK

At a Term of the Appellate Division of the Supreme

Court held in and for the First Judicial Department inthe County of New York on April 18, 2013.

Present - Hon. Luis A. Gonzalez, Justice Presiding, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

---------------------------------------xThe People of the State of New York,

Appellant,

-against- M-745AInd. No. 415/02

Marsha Austin,

Defendant-Respondent. ---------------------------------------x

The People having taken an appeal from an order of theSupreme Court, Bronx County, entered on or about December 28,2012,

And an order of this Court having been entered on April 11,2013 (M-745), granting defendant leave to respond to the appealas a poor person, and assigning counsel therefor,

Now, upon the Court’s own motion,

It is ordered that the order of this Court entered on April 11, 2013 (M-745), is hereby recalled and vacated.

ENTER:

_____________________ CLERK


PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices. ---------------------------------------XJames L. Melcher,


-against- M-901 M-1131Apollo Medical Fund Management Index No. 604047/03L.L.C., et al.,

Defendants-Respondents.---------------------------------------X

Plaintiff-appellant having moved for leave to appeal tothe Court of Appeals from the decision and order of this Courtentered on January 29, 2013 (Appeal Nos. 4759, 4760, 4761, 4762,4763 and 4764) [M-901],

And defendants-respondents having moved for reargumentof or, in the alternative, for leave to appeal to the Court ofAppeals from the aforesaid decision and order of this Courtentered on January 29, 2013 (Appeal Nos. 4759, 4760, 4761, 4762,4763 and 4764), and for related relief [M-1131],

Now, upon reading and filing the papers with respect tothe motions, and due deliberation having been had thereon,

It is ordered that the motions are denied in theirentirety [M-901/M-1131].

ENTER:

_____________________ CLERK


Present - Hon. Luis A. Gonzalez, Presiding Justice, John W. Sweeny, Jr. Sallie Manzanet-Daniels Nelson S. Román, Justices. ---------------------------------------xThe People of the State of New Yorkex rel. Jackie Moses,

Petitioner-Appellant,

-against- M-770Index No. 340551/12

Warden, Rikers Island, et al.,Respondents-Respondents.

---------------------------------------x

Petitioner-appellant having moved for leave toprosecute, as a poor person, the appeal from the order of theSupreme Court, Bronx County, entered on or about September 20,2012, which dismissed a habeas corpus proceeding, for leave tohave the appeal heard upon the original record and a reproducedappellant's brief, and for the assignment of counsel,

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon,

It is ordered that said motion is granted and it isdirected that the appeal be heard on the original record and upona reproduced appellant's brief, on condition that appellantserves one copy of such brief upon the Attorney General of theState of New York and files copies of such brief, together withthe original record, pursuant to Rule 600.11 of the Rules of thisCourt. The motion, to the extent it seeks assignment of counsel,is denied.

ENTER:

_____________________ CLERK


PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, David Friedman David B. Saxe

Rosalyn H. Richter Sheila Abdus-Salaam, Justices.

---------------------------------------XGerman American Capital Corporation,


-against- M-1062 Index No. 651140/10

Oxley Development Company, LLC, et al.,Defendants-Appellants.

---------------------------------------X

Defendants-appellants having moved for reargument of or,in the alternative, for leave to appeal to the Court of Appealsfrom the decision and order of this Court entered on January 3,2013 (Appeal No. 8937),


It is ordered that the motion is denied.

ENTER:

_____________________ CLERK


PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, David Friedman David B. Saxe Rosalyn H. Richter Sheila Abdus-Salaam, Justices.

--------------------------------------XThe People of the State of New York,

Respondent,


Nathan Perry, Defendant-Appellant.

--------------------------------------X

Defendant-appellant having moved for reargument of thedecision and order of this Court entered on February 19, 2013(Appeal No. 8933),



ENTER:

_____________________ CLERK


PRESENT - Hon. Peter Tom, Justice Presiding, Richard T. Andrias David B. Saxe Judith J. Gische, Justices.

---------------------------------------XThe People of the State of New York,

Respondent,

-against- M-1249Ind. No. 6478/08

Chao Zhang Lin, Defendant-Appellant.

---------------------------------------X

An order of this Court having been entered on August 18,2011 (M-2743) granting defendant leave to prosecute, as a poorperson, the appeal from the judgment of the Supreme Court, New York County, rendered on or about May 5, 2011, and assigningSteven Banks, Esq., as counsel to prosecute the appeal; and amotion having been made to relieve such counsel, and for relatedrelief,


It is ordered that the motion is granted to the extent ofstriking the designation of assigned counsel Steven Banks, Esq.,as counsel to prosecute defendant's appeal, and substituting,pursuant to Section 722 of the County Law, Richard M. Greenberg,Esq., Office of the Appellate Defender, 11 Park Place, Room 1601,New York, New York 10007, Telephone No. (212)402-4100, as suchcounsel. The poor person relief previously granted is continued,and appellant's time in which to perfect the appeal is enlargeduntil 120 days from the date of this order or the filing of therecord, whichever is later.

ENTER:

_____________________ CLERK


PRESENT: Hon. Peter Tom, Justice Presiding, John W. Sweeny, Jr. David B. Saxe Nelson S. Román Paul G. Feinman, Justices.

----------------------------------------XJose Octavio Guaman, Plaintiff,


419 Park Avenue South Associates, LLC,et al., Defendants-Respondents.----------------------------------------X419 Park Avenue South Associates, LLC,et al., Third-Party Plaintiffs-Respondents,

-against-

John Kemp Construction and DevelopmentInc., John Kemp ConstructionCorporation, Third-Party Defendants-Appellants. ----------------------------------------X

Third-party defendants-appellants having moved for an orderstaying the trial in the above-entitled action pending hearing and determination of the appeal taken from the order of theSupreme Court, New York County, entered on or about October 17,2012,



ENTER:

_____________________ CLERK

At a Term of the Appellate Division of the Supreme

Court held in and for the First Judicial Department inthe County of New York on April 18, 2013.

PRESENT: Hon. Peter Tom, Justice Presiding, Richard T. Andrias David B. Saxe Judith J. Gische, Justices.

---------------------------------------xGilbert Hendricks,

Plaintiff-Respondent-Appellant,

-against-

CAD Architectural Metals and Glass, M-1247Inc., et al., Index No. 309385/08

Defendants-Appellants-Respondents,

-and-

Rhoda Platt,Defendant-Respondent.

---------------------------------------x

An appeal and cross appeal having been taken from the orderof the Supreme Court, Bronx County, entered on or about April 17,2012,

And plaintiff-respondent-appellant having moved for anenlargement of time to perfect the direct appeal,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal and cross appeal to theSeptember 2013 Term.

ENTER:

_____________________ CLERK


PRESENT: Hon. Peter Tom, Justice Presiding, Rolando T. Acosta David B. Saxe Helen E. Freedman

Paul G. Feinman, Justices. ---------------------------------------XIn the Matter of the Application ofNayci Contracting Associates, LLC,and Mehmet Nayci, M-863

Petitioners-Appellants, M-1079 Index No. 106851/10For a Judgment Pursuant to Article 78 of the Civil Practice and Law Rules,

-against-

New York City Department of ConsumerAffairs, and Janet Ricevuto,

Respondents-Respondents.---------------------------------------X

An Article 78 proceeding to review a determination ofrespondents having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County,entered on or about May 10, 2011,

And petitioners having moved for an enlargement of time toperfect the aforesaid proceeding (M-863),

And respondent Janet Ricevuto having moved to “sever the debtorNayci Contracting Associates, LLC claims from the claims of MehmetNayci,” and for other relief (M-1079),

Now, upon reading and filing the papers with respect to themotions, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofenlarging the time to perfect the aforesaid proceeding to the November2013 Term (M-863). Motion to sever the Mehmet Nayci action is denied,without prejudice to moving for said relief upon conclusion of thebankruptcy proceedings concerning petitioner Nayci ContractingAssociates, LLC (M-1079).

ENTER:

_____________________ CLERK


PRESENT: Hon. Peter Tom, Justice Presiding, Richard T. Andrias Leland G. DeGrasse Sheila Abdus-Salaam, Justices. -------------------------------------XAdwoa Gyabaah, Plaintiff-Appellant-Respondent,

-against-

Rivlab Transportation Corp., M-873 Defendant-Respondent-Appellant, Index No. 307081/10

John Doe, Defendant,

Jeffrey A. Aronsky, P.C. Non-Party Respondent-Appellant.-------------------------------------X

Defendant-respondent-appellant having moved for leave toappeal to the Court of Appeals from the decision and order ofthis Court entered on January 10, 2013 (Appeal No. 7654),


It is ordered that the motion is granted, and thisCourt, pursuant to CPLR 5713, certifies that the followingquestion of law, decisive of the correctness of itsdetermination, has arisen, which in its opinion ought to bereviewed by the Court of Appeals:

"Was the order of Supreme Court, as affirmed bythe this Court, properly made?"

This Court further certifies that its determination wasmade as a matter of law and not in the exercise of discretion.

ENTER:

_____________________ CLERK


Present - Hon -Angela M. Mazzarelli, Justice Presiding, David B. Saxe Leland G. DeGrasse Sallie Manzanet-Daniels Darcel D. Clark, Justices.

---------------------------------------XThe People of the State of New York, Respondent,


Keith Johnson, Defendant-Appellant. ---------------------------------------X

An appeal having been taken from the judgment of the SupremeCourt, Bronx County, rendered on or about July 19, 2011,

And an order of this Court having been entered on October 18, 2012 (M-4269), inter alia, granting a continuation ofthe stay of execution of sentence granted by a Justice of theSupreme Court, Bronx County, on July 19, 2011,

And defendant-appellant having moved for an order continuingthe aforementioned stay of execution of sentence pending hearingand determination of the appeal,


It is ordered that the motion is granted to the extent ofcontinuing the stay of execution of sentence granted by a Justiceof Supreme Court, Bronx County, on July 19, 2011, on the sameterms and conditions pending hearing and determination of theappeal, and on condition defendant perfects the appeal on orbefore July 8, 2013 for the September 2013 Term.

ENTER:

_____________________ CLERK


Present - Hon. Angela M. Mazzarelli, Justice Presiding, Leland G. DeGrasse Sallie Manzanet-Daniels Darcel D. Clark, Justices.

--------------------------------------XArrin Collins, by Alrick Collins asParent and Legal Guardian,

Plaintiff-Appellant-Respondent,


The New York City Department of Education, etc., et al.,

Defendant-Respondent-Appellant. --------------------------------------X

Plaintiff-appellant-respondent having moved for anenlargement of time to perfect the appeal and cross appeal fromthe order of the Supreme Court, Bronx County, entered on or aboutNovember 10, 2011,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal and cross appeal to theOctober 2013 Term.

ENTER:

_____________________ CLERK


Present: Hon. Richard T. Andrias, Justice Presiding, Karla Moskowitz Helen E. Freedman Sallie Manzanet-Daniels Paul G. Feinman, Justices.

--------------------------------------XIn the Matter of

Allyanna C.,

A Child Under 18 Years of Age Allegedto be Abused and/or Neglected Under M-1180Article 10 of the Family Court Act. Docket No. NA-21691/11 - - - - - - - - - - - - - Administration for Children’s Services, Petitioner-Appellant,

Rene B. and Cynthia C., Respondents-Respondents. - - - - - - - - - - - - -Steven Banks, Esq., The Legal Aid Society, Juvenile Rights Division, Attorney for the Child.---------------------------------------X

An appeal having been taken by petitioner-appellant from the order of the Family Court, New York County, entered onor about January 8, 2013, and said appeal having been perfected,

And respondent-respondent Rene B. having moved for leaveto respond to the as a poor person, for assignment of counsel, afree copy of the transcript, and for related relief,


(M-1180) -2- April 18, 2013

It is ordered that the motion is granted to the extentof (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Andrew Baer, Esq., 299 Broadway,Suite 1415, New York, NY 10007, Telephone No. 212-233-0318, ascounsel for purposes of responding to the appeal; (2) permitting movant to respond to the appeal upon a reproduced respondent’sbrief, on condition that one copy of such brief be served uponthe attorney for petitioner-appellant and 8 copies thereof arefiled with this Court.

ENTER:

_____________________ CLERK


Present - Hon. Richard T. Andrias, Justice Presiding, Karla Moskowitz Helen E. Freedman Sallie Manzanet-Daniels Paul G. Feinman, Justices.

--------------------------------------XWilliam J. Lieberman,



Johanna O. Lieberman, also known as Johanna Omark Lieberman,

Defendant-Appellant. -----------------------------------X

Defendant-appellant, pro se, having moved for an enlargementof time to perfect the appeal from the Judgment of Divorce of theSupreme Court, New York County, entered on or about May 21, 2013,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the September 2013Term.

ENTER:

_____________________ CLERK


Present: Hon. Richard T. Andrias, Justice Presiding, Karla Moskowitz Helen E. Freedman Sallie Manzanet-Daniels Paul G. Feinman, Justices.

---------------------------------------XIn the Matter of

Alexander B.,M-1086

A Person Alleged to Be a Juvenile Docket No. D-12595/12Delinquent,

Respondent-Appellant.---------------------------------------X

Respondent-appellant having moved for leave toprosecute, as a poor person, the appeal from the Order uponAdmission of the Family Court, Bronx County, entered on or about October 5, 2012, and the Order of Disposition of said Court entered on or about January 22, 2013, respectively, forassignment of counsel, a free copy of the transcript, and forrelated relief,

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon, it is

Ordered that the motion is granted to the extent of (l) assigning, pursuant to Section 35 of the Judiciary Law andSection 1120 of the Family Court Act, George E. Reed, Jr., 222Mamaroneck Ave., White Plains, NY 10605, Telephone No. 914-946-5000, as counsel for purposes of prosecuting the appeal; (2)directing the Clerk of said Family Court to have transcribed theminutes of the proceedings held therein, for inclusion in therecord on appeal, the cost thereof to be charged against theState of New York from funds available therefor; within 30 days1

(FCA 1121[7]) of service of a copy of this order upon the Clerk;

Service of appellant’s brief upon respondent shall include1

assigned counsel’s copy of the transcript.

(M-1086) -2- April 18, 2013

(3) permitting appellant to dispense with any fee for the transfer of the record from the Family Court to this Court. The Clerk of the Family Court shall transfer the record uponreceipt of this order; and (4) directing appellant to perfectthis appeal, in compliance with Rule 600.11 of the Rules of thisCourt, within 60 days of receipt of the transcripts. Assignedcounsel is directed to immediately serve a copy of this orderupon the Clerk of the Family Court.

ENTER:

_____________________ CLERK


Present - Hon. David Friedman, Justice Presiding, Karla Moskowitz Leland G. DeGrasse Rosalyn H. Richter Judith J. Gische, Justices.

---------------------------------------xThe People of the State of New York,

Respondent,


Jerome Ford, Jr.,Defendant-Appellant.

---------------------------------------x

An appeal having been taken to this Court from the judgmentof the Supreme Court, New York County, rendered on or aboutDecember 21, 2009,

And assigned counsel for defendant-appellant having movedfor an order enlarging the record on appeal to include, anddirecting the disclosure of the minutes of certain sealed and/orex parte proceedings and motion papers regarding the so-called“Motion to Delay Disclosure of Witnesses’ Identities”, andclosure of the courtroom referenced in the affirmation in supportof the motion pp. 4-8, and for other relief,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the October 2013Term, and directing the People to file the subject material tothe extent available with the Court under seal as exhibits on orbefore June 17, 2013 for the in camera review in conjunction withthe appeal, and otherwise denied.

ENTER:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Leland G. DeGrasse Rosalyn H. Richter Sheila Abdus-Salaam, Justices. -------------------------------------XIn re Trayvon J.,

A Person Alleged to bea Juvenile Delinquent, M-1436

Appellant. Docket No. D-22509/11 - - - - -Presentment Agency-------------------------------------X

Appellant having moved for leave to appeal to the Courtof Appeals from the decision and order of this Court entered onFebruary 5, 2013 (Appeal No. 9159),



ENTER:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Rolando T. Acosta Nelson S. Román Paul G. Feinman Darcel D. Clark, Justices.

-----------------------------------XJohn J. Maurer,



Suzanne Maurer,Defendant-Respondent.

-----------------------------------X

Appeals having been taken to this Court by plaintiff-appellant from an order of the Supreme Court New York County,entered on or about August 2, 2012 and from an order of the sameCourt and Justice entered on or about January 18, 2013,respectively,

And plaintiff-appellant having moved for consolidationof the aforesaid appeals,


It is ordered that the motion is granted to the extentof permitting appellant to prosecute the appeals upon 9 copies ofone record and one set of appellant's points covering the appealsand enlarging the time in which to perfect the consolidatedappeals to the October 2013 Term.

ENTER:

_____________________ CLERK


Present: Hon. John W. Sweeny, Jr., Justice Presiding, Karla Moskowitz Nelson S. Román Paul G. Feinman, Justices.

--------------------------------------XThe People of the State of New York,

Respondent, M-812


Orlando Thomas,Defendant-Appellant.

--------------------------------------X

An order of this Court having been entered on December 27,2012 (M-4794) granting defendant leave to prosecute, as a poorperson, the appeal from the judgment of the Supreme Court, BronxCounty, rendered on or about August 30, 2012,

And assigned counsel, Robin Steinberg, Esq., having moved for an order to be relieved as counsel for defendant and tosubstitute other counsel to prosecute defendant's appeal,


It is ordered that the motion is granted to the extent ofstriking the designation of assigned counsel Robin Steinberg,Esq., as counsel to prosecute defendant's appeal, andsubstituting, pursuant to Section 722 of the County Law, StevenBanks, Esq., 199 Water Street, 5th Floor, New York, New York10038, Telephone No. 212-577-3688, as such counsel. The poorperson relief previously granted is continued, and appellant'stime in which to perfect the appeal is enlarged until 120 daysfrom the date of this order or the filing of the record,whichever is later.

ENTER:

_____________________ CLERK


Present - Hon. John W. Sweeny, Jr., Justice Presiding, Karla Moskowitz Nelson S. Román Paul G. Feinman, Justices.

---------------------------------------XThe People of the State of New York,

Respondent,M-811

-against- Case No. 42499C/11

Jose Quezada,

Defendant-Appellant. ---------------------------------------X

An order of this Court having been entered on December 20,2012 (M-4168) granting defendant leave to prosecute, as a poorperson, the appeal from the judgment of the Supreme Court, BronxCounty, rendered on or about July 23, 2012, and assigning TheBronx Defenders as counsel to prosecute the appeal; and a motionhaving been made to relieve such counsel, and for related relief,


It is ordered that the motion is granted to the extent ofstriking the designation of The Bronx Defenders as counsel toprosecute defendant's appeal, and substituting, pursuant toSection 722 of the County Law, Steven Banks, Esq., 199 WaterStreet, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688 as such counsel. The poor person relief previouslygranted is continued, and appellant's time in which to perfectthe appeal is enlarged until 120 days from the date of this orderor the filing of the record, whichever is later.

ENTER:

_____________________ CLERK


PRESENT: Hon. Helen E. Freedman, Justice Presiding, John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter Nelson S. Román, Justices.

--------------------------------------XThe State of New York, ex rel.Dwaine Williams,

Petitioner,M-1184

-against- Ind. No. 4881/12 Index No. 400347/12

Warden, Riker's Island,Respondent.

--------------------------------------X

Petitioner having moved for leave to prosecute, as apoor person, the appeal from the an order of the Supreme Court,New York County, entered on or about March 6, 2012, and for leaveto have the appeal heard on the original record and upon areproduced appellant's brief, and for other relief,

Now, upon reading and filing the papers with respect tosaid motion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extentof permitting the appeal to be heard on the original record andupon a reproduced appellant's brief, on condition that appellantserve one copy of such brief upon the attorney for respondent andfile 8 copies of such brief, together with the original record,with this Court. Appellant is permitted to dispense with paymentof the required fee for the subpoena and filing of the record,and the motion is otherwise denied.

ENTER:

_____________________ CLERK

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT

BEFORE : Hon. Judith J . Gi sche Justice o f the Appellate Division

------------------------------------------X The People of the State o f New York,

- against -

Tyrone Steve nson

Defendant . ------------------------------------------X

M-1523 Ind. No . 03823 - 2009

CERT IFICATE DENYING LEAVE

I, Judith J . Gi sche , a Justice o f the Appellate Division ,

First Judici al Department, do hereby certify that, upon

applicat ion timely made by the above-named d efendant for a

certificat e pursuant to Criminal Procedure Law, sections 450 .15

and 460 . 15, a nd upon the record and p roceedi ngs herein, there i s

n o question of law o r fact presented which ought to be r eviewed

by the Appellate Divis ion, First Judicial De partment , and

permission to appeal from the orders o f the Supreme Court , New

York County, entered o n o r about January 23, 2012 a nd April 10,

2012 respectively is hereby denied.

Associate~tice Dated: March 29, 2013

New York, New York

ENTERED: .APR 1 S 201!

r

l

SU PREME COURT OF THE STATE OF NEW YORK AP PELLATE DIVISION : FIRST J UDICI AL DEPAR'l'MENT

BEFORE: Hon . Paul G. Feinman , Justice of t he Appellate Division

------------------------------------------X The People of the State of New York,

-against-

Carl os Marino,

Defendant . ---------------- --------------------------X

M-1687 I nd . No. 8986/86

CERT IFICATE DENYING LEAVE

I, Paul G. Feinman, a Justice o f the Appellate Division,

Firs t Judicia l Departmen t , do hereby certi fy that , upon

appl icat ion timely made by the a bove - na med defendant for a

certificate pursuant to Criminal Procedure Law, s ections 450. 1 5

a nd 460 . 15, and upon t he record and proceedings herein, there i s

no question of law or f act presented which ought to be reviewed

by the Appellate Division, Fi rs t Judicia l Department, and

permission to a ppeal fr om t h e order of t he Supreme Court ,

New York County (Marcy L. Kahn, J.), ente red on o r about June 7,

20 12, is hereby denied .

Dated: New York, New York Apri l 4, 2013

· ·~

, - '

Jus tice

-

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION FIRST JUDICIAL DEPARTMENT

BEFORE: Hon . KARLA MOSKOWITZ Justice of the Appellate Division

---------------- --- ------------ ---- --- ----X The People of the State of New York,

M-1361

-against -

Maurice Smith,

Defendant.

Ind . No. 441/1993

CERTIFICATE DENYING LEAVE

----- ----------- ---- ---- -- ---------- -- ----X I, Karla Moskowitz, a Justice of the Appellate Division,

First Judicial Department, do hereby certify that, upon

application deemed timely made by the above-named defenda.nt for a

certificate pursuant to Criminal Procedure Law, sections 450.15

and 460. 15 , and upon the record and proceedings herein , there is

no question of law or fact presented that ought to be reviewed by

the Appellate Division, First Judicial Department, and permission

to appeal from the order of the Supreme Court, Bronx County,

entered on or about August 3, 2012, is hereby denied.

Dated: AcfYorJ New ENTERED:

APRI8 2811

1 2013 York

Hon. Karla Mo· Associate Jus

-SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT

BEFORE: Hon. Sheila Abdus-Salaam Justice of the Appellate Division

-- -- --- -- --- ---- ----- --- ------ --- ------ -- -X The People of the State of New Yor k,

-against-

Rafael Juan Colon a/k/a J ua n Colon

Defendant. -- - -- --- ---- ---- ----- --- - -- - ---- -- -- - -----X

M - 805 Ind . No . 2506/02

CERTIFICATE DENYING LEAVE

I, Sheila Abdus-Sala am, a Justice of the Appellate Division,

Firs t Judicial Department, do hereby certify that, upon

application timely made by the above-named defendant for a

certificate pursuant to Crimina l Procedure Law, sections 450.15

and 460. 15 , and upon the record and proceedings herein, there is

no question of law or fact p resented which ought to be reviewed

by the Appellate Division , First Judicial Department , and

permission to appeal from the order of t he Supreme Court, Ne w

York County, entered on or about June 29, 2012, is hereby denied .

M~-~ Associate Justide

Dated: March 19, 2013 New York, New York

ENTERED:

APR 18 2011

PM ORDERS

ENTERED ON

APRIL 18, 2013


Present: Hon. Richard T. Andrias, Presiding Justice, Rolando T. Acosta Helen E. Freedman Rosalyn H. Richter Judith J. Gische, Justices.

--------------------------------------XUnited States Fire Insurance Company, Plaintiff-Appellant-Respondent,

M-1422 -against- Index No.402592/10

North Shore Risk Management, Defendant-Appellant-Respondent.--------------------------------------XNorth Shore Risk Management,

Third-Party Plaintiff-Appellant,

-against-

Crump Insurance Services, Inc.,

Third-Party Defendant-Appellant,

Inter-Reco, Inc., Third-Party Defendant-Appellant--------------------------------------X

An appeal having been taken by third-party defendant,Crump Insurance Services, Inc., from an order of the SupremeCourt, New York County, entered on or about April 3, 2012; and an appeal having been taken by third-party defendant, Inter-Reco,Inc., from the same order of said Court; and a cross appealhaving been taken by plaintiff, United States Fire InsuranceCompany, from the same order of said Court; and a cross appealhaving been taken by defendant/third-party plaintiff, North ShoreRisk Management, from the same order of said Court; and third-party defendant, Inter-Reco, Inc., having taken an appeal from an order of said Court entered on or about September 19, 2012;

(M-1422) -2- April 18, 2013

and a cross appeal having been taken by defendant/third-partyplaintiff, North Shore Risk Management, from an order entered on or about September 19, 2012; and third-party defendant, Crump Insurance Services, Inc., having appealed from the sameorder,

And third-party defendant, Inter-Reco, Inc., incompliance with the stipulation of the parties, dated March 8,2013, having moved for an enlargement of time to perfect theappeals and cross appeals,

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon, it is

Ordered that the motion is granted, on consent, to the extent of enlarging the time to perfect all of the aforesaidappeals to the October 2013 Term, and it is further

Ordered that the appeals are consolidated pursuant to the terms of the aforesaid stipulation of the parties, and inaccordance with the aforesaid stipulation third-party defendant,Inter-Reco, Inc., and third-party defendant, Crump InsuranceServices, Inc., are directed to serve and file a joint record on appeal and their main briefs on or before May 14, 2013. Plaintiff-respondent-appellant, United States Fire InsuranceCompany, is directed to serve and file its brief on or beforeJune 13, 2013. Defendant-appellant-respondent, North Shore RiskManagement, is directed to serve and file its brief on or beforeJuly 15, 2013. Third-party defendant-appellant, Inter-Reco,Inc., and third-party defendant-appellant, Crump InsuranceServices, Inc., are directed to serve and file their reply briefs on or before August 6, 2013. Plaintiff-respondent-appellant, United States Fire Insurance Company, is directed to serve and file its reply brief on or before August 26, 2013,and defendant/third-party plaintiff-respondent-appellant, NorthShore Risk Management, is directed to serve and file its replybrief on or before September 13, 2013.

ENTER:

_____________________ CLERK


Present - Hon. Richard T. Andrias, Justice Presiding, David Friedman Helen E. Freedman Sheila Abdus-Salaam, Justices. ---------------------------------------X

The People of the State of New York,

Respondent,

-against- M-871 Ind. No. 5841/10

Enroy Bishop,

Defendant-Appellant.

---------------------------------------X

Defendant having moved, through retained counsel, for an enlargement of time to perfect the appeal from the judgment of the Supreme Court, New York County, rendered on or aboutFebruary 29, 2012,


It is ordered that the motion is granted to the extentof enlarging the time to perfect the appeal to the October 2013Term.

ENTER:

_____________________ CLERK

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