At a Term of the Appellate Division of the Supreme Court held in …€¦ · At a Term of the Appellate Division of the Supreme Court held in and for the First Judicial Department

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on January 25, 2018.

PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter

Sallie Manzanet-Daniels Angela M. Mazzarelli Richard T. Andrias, Justices.

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

Adam Miller,Petitioner-Appellant,

SEALED -against- M-6554

Index No. 100362/16 The City of New York, et al.,

Respondents-Respondents,

To Vacate a Hearing Officer's Decision Pursuant to Education LawSection 3020-a and CPLR Section 7511---------------------------------------X

Petitioner-appellant having moved for an enlargement of timeto perfect the appeal taken from an order of the Supreme Court,New York County, entered on or about February 9, 2017,

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 ofenlarging the time to perfect the appeal to the May 2018 Term.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Cynthia S. Kern Peter H. Moulton, Justices. ---------------------------------------XWalter Melvin,

Plaintiff-Respondent, CONFIDENTIAL

-against- M-6038 Index No. 302247/15

Sarah Melvin,Defendant-Appellant.

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

Defendant-appellant having moved for reargument of, or inthe alternative, for leave to appeal to the Court of Appeals,from the decision and order of this Court, entered on October 24,2017 (Appeal No. 4805N),


It is ordered that the motion is denied.

ENTERED:

_____________________ CLERK


Present - Hon. Rosalyn H. Richter, Justice Presiding, Troy K. Webber Cynthia S. Kern Peter H. Moulton, Justices. --------------------------------------XThe People of the State of New York,

Respondent,SEALED

-against- M-4698Ind. No. 1744/13

Jesse Williams, Defendant-Appellant.

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

An order of this Court having been entered on June 28, 2016[Corrected Order October 7, 2016](M-2232), granting defendant-appellant leave to prosecute, as a poor person, the appeal from ajudgment of the Supreme Court, New York County, rendered on orabout October 29, 2015, and assigning Richard M. Greenberg, Esq.,as counsel to prosecute the appeal,

And defendant-appellant pro se having moved for an orderrelieving assigned counsel and for permission to proceed pro seon the appeal, or for alternative relief,

Now, upon reading and filing the papers with respect to themotion; and a letter having been issued by the Court to appellanton August 23, 2017, advising him of the consequences ofproceeding pro se, and defendant having responded hereto onOctober 10, 2017; and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofstriking the designation of successor assigned counsel ChristinaSwarns, Esq., as counsel to prosecute the appeal, and continuingthe poor person relief previously granted by this Court's orderentered on June 28, 2016 (M-2232).

The Clerk is directed to forward to the Warden of the Statecorrectional facility wherein defendant is incarcerated atranscript of the minutes relating to defendant's appeal, thetranscript to be made available to appellant, without charge, andreturned by him to this Court when submitting his pro seappellate brief.

(M-4698) -2- January 25, 2018

The time in which appellant shall perfect this appeal isenlarged until 120 days from the date of filing the record or thedate of this order, whichever is later. Appellant is advisedthat the appeal will not be heard unless and until all materialfurnished to him has been returned to this Court.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische Peter Tom Ellen Gesmer Anil C. Singh, Justices.

-----------------------------------XA.N., an infant, represented byMargarita Nunez Luna,

Plaintiff-Appellant, M-6573

-against- Index No. 106389/04

The City of New York, et al.Defendants-Respondents.

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

Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal taken from an order of the Supreme Court,New York County, entered on or about November 3, 2016,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the June 2018 Term.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Angela M. Mazzarelli Marcy L. Kahn Cynthia S. Kern, Justices. ---------------------------------------XWing Hon Precision Industry Ltd.,

Plaintiff-Appellant, SEALED


Diamond Quasar Jewelry, Inc.,doing business as Jacob & Co., et al.,

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

Defendants-respondents having moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals,from the decision and order of this Court, entered on October 19,2017 (Appeal No. 4742),



ENTERED:

_____________________ CLERK


PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische Richard T. Andrias Cynthia S. Kern Anil C. Singh, Justices.

---------------------------------------XPaul Viselli, et al.,

Plaintiffs-Appellants,

-against- M-6675Index No. 300585/13

The Riverbay Corporation,Defendant-Respondent.

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

Plaintiffs-appellants having moved for reargument of, or inthe alternative, for leave to appeal to the Court of Appeals,from the decision and order of this Court, entered on November 9,2017 (Appeal No. 4908),



ENTERED:

_____________________ CLERK


Present - Hon. Judith J. Gische, Justice Presiding, Troy K. Webber Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices.

---------------------------------------xIn the Matter of the Application of

The Home of Sages of Israel, Inc., M-5860(Beth Tomche Torah Vezikneh Yisroel) M-5901also known as Beth Tomche Torah Index No. 153111/15Vezikneh Yisroel, Inc., and also known as Home of the Sages of Israel, Petitioner-Respondent,

For Leave to Sell Real Property.- - - - - - - - - - - - -

On the Way to Brooklyn, LLC, et al.,Intervenors-Appellants,

Louis Atlas, Samuel Block, et al.,Objectors-Respondents

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

An appeal having been taken to this Court from the order and judgment (one paper) of the Supreme Court, New York County,entered on or about October 17, 2017, and said appeal having beenperfected,

And intervenors-appellants having moved for a stay of theorder of the Supreme Court, New York County, entered on or aboutOctober 4, 2017, pending hearing and determination of theaforesaid appeal (M-5860),

And petitioner-respondent, The Home of Sages of Israel, Inc., having cross-moved for dismissal of the appeal taken byintervenors-appellants,

Now, upon reading and filing the papers with respect to themotion and cross motion, and due deliberation having been hadthereon,

(M-5860/M-5901) -2- January 25, 2018

It is ordered that the motion is denied. The cross motionis granted to the extent of dismissing the appeal as tointervenor-appellant Peter Fine, and is otherwise denied.

ENTERED:

_____________________ CLERK


Present: Hon. Judith J. Gische, Justice Presiding, Troy K. Webber Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices.

-------------------------------------XEugenia Pinkard,

Plaintiff-Appellant, M-5743

-against- Index No. 101971/15

NYC Department of Education, et al.,Defendants-Respondents.

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

Plaintiff-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the SupremeCourt, New York County, entered on or about August 15, 2017, forleave to have said appeal heard on the original record and upon a reproduced appellant's brief, and to “seal” the record onappeal,

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 extent of directing plaintiff to proceed with the appeal taken from theaforesaid order entered on or about August 15, 2017, only insofaras said order denied plaintiff’s motion to renew. So much of themotion which seeks poor person relief is denied, with leave torenew, if so advised, upon submission of a notarized affidavit in compliance with CPLR 1101, setting forth plaintiff’s income,expenses and assets. So much of the motion which seeks to “seal”the record on appeal is denied without prejudice to a stipulationbetween the parties with respect to information subject toredaction pursuant to 22 NYCRR 202.5(e).

ENTERED:

_____________________ CLERK


PRESENT: Hon. Richard T. Andrias, Justice Presiding, Barbara R. Kapnick Troy K. Webber Marcy L. Kahn, Justices.

----------------------------------------XIGS Realty Co., L.P., doing businessas IGS Realty Co.,

Plaintiff-Respondent,


James H. Brady,Defendant-Appellant.

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

Defendant-appellant having moved for clarification and/orresettlement of the decision and order of this Court, entered onApril 13, 2017 (Appeal No. 3729),



ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Judith J. Gische Peter Tom, Justices.

---------------------------------------XIn the Matter of the Application ofPatrick De La Rosa

Petitioner-Appellant,

For a Judgment Pursuant to Article 78 M-6466of the Civil Practice Law and Rules, Index No. 100671/17

-against-

New York City Housing Authority,Respondent-Respondent.

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

Respondent having moved for dismissal of the appeal takenfrom a judgment of the Supreme Court, New York County, entered onor about October 20, 2017,


It is ordered that the motion is granted and the appeal isdismissed.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Judith J. Gische,

Peter Tom, Justices. ------------------------------------XHaim Attias and Frank Paladino,

Plaintiffs-Respondents,


James L. Walker,Defendant-Appellant,

Cristi Walker,Defendant.

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

Plaintiffs-respondents having moved for dismissal of appeals taken from an order of the Supreme Court, New YorkCounty, entered on or about February 10, 2014, and from ajudgment of the same Court entered on or about March 31, 2016,for failure to timely perfect,


It is ordered that the motion is granted and the appeals aredismissed.

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices. ---------------------------------------XIn the Matter of a Proceeding forCustody/Visitation Under Article 6of the Family Court Act.

- - - - - - - - - - - - CONFIDENTIAL Joaquin C., M-6122

Petitioner-Appellant, Docket No. V-47248-15/17A

-against-

Josephine I.-C.,Respondent-Respondent

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

Petitioner-appellant having moved for leave to prosecute, asa poor person, the appeal from an order of the Family Court, NewYork County, entered on or about November 1, 2017, and forassignment of counsel, a free copy of the transcript, and forrelated 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 of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Leslie S. Lowenstein, Esq., 567Sunset Drive, Woodmere, NY 11598, Telephone No. 516-374-1962, ascounsel for purposes of prosecuting the appeal; (2) directing theClerk of said Family Court to have transcribed the minutes of theproceedings held therein, for inclusion in the record on appeal,the cost thereof to be charged against the City of New York fromfunds available therefor1 within 30 days (FCA 1121[7]) of serviceof a copy of this order upon the Clerk; (3) permitting appellant

1Service of appellant’s brief upon respondent(s) shallinclude assigned counsel’s copy of the transcript.

(M-6122) -2- January 25, 2018

to dispense with any fee for the transfer of the record from theFamily Court to this Court. The Clerk of the Family Court shalltransfer the record upon receipt of this order; and (4) appellantis directed to perfect this appeal, in compliance with Rule600.11 of the Rules of this Court, within 60 days of receipt ofthe transcripts. Assigned counsel is directed to immediatelyserve a copy of this order upon the Clerk of the Family Court.

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices. ---------------------------------------XIn the Matter of a Proceeding forCustody/Visitation Under Article 6of the Family Court Act.

- - - - - - - - - - - - CONFIDENTIAL Timothy F., M-5961

Petitioner-Appellant, Docket No. F-04436-07/17A

-against-

Melissa V.,Respondent-Respondent.

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

Petitioner-appellant having moved for leave to prosecute, asa poor person, the appeal from an order of the Family Court, NewYork County, entered on or about October 31, 2017, and forassignment of counsel, a free copy of the transcript, and forrelated relief,


Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Leslie S. Lowenstein, Esq., 567Sunset Drive, Woodmere, New York 11598, Telephone No. 516-374-1962, 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 the Cityof New York from funds available therefor1 within 30 days (FCA1121[7]) of service of a copy of this order upon the Clerk; (3)


(M-5961) -2- January 25, 2018

permitting appellant to dispense with any fee for the transfer ofthe record from the Family Court to this Court. The Clerk of theFamily Court shall transfer the record upon receipt of thisorder; and (4) appellant is directed to perfect this appeal, incompliance with Rule 600.11 of the Rules of this Court, within 60days of receipt of the transcripts. Assigned counsel is directedto immediately serve a copy of this order upon the Clerk of theFamily Court.

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices. ---------------------------------------XIn the Matter of the Guardianship andCommitment of

The L. Children, Docket Nos. B-44270/15B-44271/15

Children Under 18 Years of Age B-44272/15 Pursuant to §384-b of the Social Services Law of the State of New York.

- - - - - - - - - - - - Catholic Guardian Services, et al.,

Petitioners-Respondents,

Wileen J.,Respondent-Appellant.- - - - - - - - - - - - CONFIDENTIAL

Shirley Caro, Esq., M-6208Lawyers for Children, Inc.,

Attorney for the Children. ---------------------------------------XIn the Matter of a Proceeding for Custody/Visitation Under Article 6of the Family Court Act.

- - - - - - - - - - - - Docket Nos. V-03187/17Renee J., V-03188/17

Petitioner-Respondent, V-03189/17V-11170/17

-against- V-11171/17V-11172/17

Wileen J.,Respondent-Appellant.

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

Respondent-appellant having moved for leave to prosecute, asa poor person, the appeal from an order of the Family Court, NewYork County, entered on or about September 21, 2017, and forassignment of counsel, a free copy of the transcript, and forrelated relief,

(M-6208) -2- January 25, 2018


Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Thomas R. Villecco, Esq., 366North Broadway, Suite #410, Jericho, NY 11753, Telephone No. 516-942-4221, 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 the Cityof New York from funds available therefor1 within 30 days (FCA1121[7]) of service of a copy of this order upon the Clerk; (3)permitting appellant to dispense with any fee for the transfer ofthe record from the Family Court to this Court. The Clerk of theFamily Court shall transfer the record upon receipt of thisorder; and (4) appellant is directed to perfect this appeal, incompliance with Rule 600.11 of the Rules of this Court, within 60days of receipt of the transcripts. Assigned counsel is directedto immediately serve a copy of this order upon the Clerk of theFamily Court.

ENTERED:

_____________________ CLERK



Present: Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices.

------------------------------------XIn the Matter of a Proceeding forCustody/Visitation UnderArticle 6 of the Family Court Act.

- - - - - - - - - - CONFIDENTIAL Juliette S., M-6389

Petitioner-Appellant, Docket Nos. V-16988-17/17AV-38235-16/17A

-against- V-35725-16/17BV-16989-17/17A

Tykym S., v-25724-16/17bRespondent-Respondent.

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

Respondent-respondent having moved for leave to respond, asa poor person, to the appeal from the order of the Family Court,New York County, entered on or about September 26, 2017, and forassignment of counsel, a free copy of the transcript, and forrelated relief,


It is ordered that the motion is granted to the extent of(1) assigning, pursuant to §1120 of the Family Court Act, AndrewJ. Baer, Esq., 299 Broadway, Suite 1415, New York, NY 10007,Telephone No. 212-233-0318, as counsel for purposes of respondingto the appeal; (2) permitting movant to respond to the appealupon a reproduced respondent’s brief, on condition that one copyof such brief be served upon the attorney for petitioner-appellant and 8 copies thereof are filed with this Court.

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices. ---------------------------------------XIn the Matter of

Gisele Helen G., also known as Gisele G.,Dionne Ariel G., also known as Dionne G.,Diavonni Daishaya G., also known as Diavonni G., also known as Diavonne G., and Charisma Viva D., also known as Charisma D.,

Children Under 18 Years of Age Pursuant to §384-b of the Social Services Law of the State of New York.

- - - - - - - - - - - - CONFIDENTIAL New York Foundling Hospital, et al., M-6393

Petitioners-Respondents, Docket Nos. B-30391/16B-30392/16

Vanessa G., B-30393/16Respondent-Appellant. B-30394/16- - - - - - - - - -

Liza Camellerie, Esq.,Attorney for the Child Gisele G.,

Philip Katz., Esq.,Attorney for the Child Dionne G.,

Nicole Riordan, Esq.,Attorney for the Child Diavonni G.,

Yusuf El Ashmawy, Esq.,Attorney for the Child Charisma D.

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

(M-6393) -2- January 25, 2018

Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal from an order of the Family Court,New York County, entered on or about September 11, 2017, and forassignment of counsel, a free copy of the transcript, and forrelated relief,


Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Neal D. Futerfas, Esq., 50 MainStreet, Suite #1000, White Plains, NY 10606, Telephone No. 914-552-6076, as counsel for purposes of prosecuting the appeal; (2) directing the Clerk of said Family Court to have transcribedthe minutes of the proceedings held therein, for inclusion in the record on appeal, the cost thereof to be charged against theState of New York from funds available therefor1 within 30 days(FCA 1121[7]) of service of a copy of this order upon the Clerk;(3) permitting appellant to dispense with any fee for thetransfer of the record from the Family Court to this Court. TheClerk of the Family Court shall transfer the record upon receiptof this order; and (4) appellant is directed to perfect thisappeal, 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.

ENTERED:

_____________________ CLERK



Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices. ---------------------------------------XIn the Matter of a Custody/VisitationProceeding Under Article 6 of the Family Court Act. - - - - - - - - - - - - - - - -Timothy F., CONFIDENTIAL Petitioner-Appellant, M-6388 Docket No. V-04436-07/17A -against-

Melissa V., Respondent-Respondent.

- - - - - - - - - - - - - - - -Seymour W. James, Jr., Esq., The Legal Aid Society, Juvenile Rights Division,

Attorney for the Child.---------------------------------------X

Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the FamilyCourt, New York County, entered on or about October 31, 2017, and for assignment of counsel, a free copy of the transcript, and for related relief,


Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Leslie S. Lowenstein, Esq., 567Sunset Drive, Woodmere, NY 11588, Telephone No. (516) 374-1962,

(M-6388) -2- January 25, 2018

as counsel for purposes of prosecuting the appeal; (2) directingthe Clerk of said Family Court to have transcribed the minutes of the proceedings held therein, for inclusion in the record onappeal, the cost thereof to be charged against the City of NewYork from funds available therefor1 within 30 days (FCA 1121[7])of service of a copy of this order upon the Clerk; (3) permittingappellant to dispense with any fee for the transfer of the recordfrom the Family Court to this Court. The Clerk of the FamilyCourt shall transfer the record upon receipt of this order; and(4) appellant is directed to perfect this appeal, in compliancewith Rule 600.11 of the Rules of this Court, within 60 days ofreceipt of the transcripts. Assigned counsel is directed toimmediately serve a copy of this order upon the Clerk of theFamily Court.

ENTERED:

_____________________ CLERK



Present: Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices.

------------------------------------XIn a Matter of a Proceeding forCustody/Visitation Under Article 6 of the Family Court Act.

- - - - - - - - - - - CONFIDENTIAL Natalia M., M-6398

Petitioner-Respondent, Docket Nos. V-02572/16V-31578/15

-against-

Odane S.,Respondent-Appellant.

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

Petitioner-respondent having moved for leave to respond, asa poor person, to the appeal from the order of the Family Court,Bronx County, entered on or about July 24, 2017, and forassignment of counsel, a free copy of the transcript, and forrelated relief,


It is ordered that the motion is granted to the extent of(1) assigning, pursuant to §1120 of the Family Court Act, AndrewJ. Baer, Esq., 299 Broadway, Suite 1415, New York, NY 10007,Telephone No. 212-233-0318, as counsel for purposes of respondingto the appeal; (2) permitting movant to respond to the appealupon a reproduced respondent’s brief, on condition that one copyof such brief be served upon the attorney for respondent-appellant and 8 copies thereof are filed with this Court.

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Rosalyn H. Richter, Justices. ------------------------------------XThe People of the State of New York,

Respondent, CONFIDENTIAL M-6297 -against- Ind. No. 3047/15 Djiba Kourouma,

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal from the order of the Supreme Court, BronxCounty (Fabrizio, J.), entered on or about October 27, 2017, forleave to have the appeal heard upon the original record and upona reproduced appellant's brief, for an enlargement of time inwhich to perfect the appeal, and for related relief,


Ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record and upona reproduced appellant's brief, on condition that appellantserves one copy of such brief upon the District Attorney of saidcounty and files 8 copies of such brief, together with theoriginal record, pursuant to Rule 600.11 of the Rules of thisCourt.

The Clerk of the Supreme Court shall expeditiously have madeand file with the criminal court (CPL 460.70) one transcript ofthe stenographic minutes of the SORA hearing and any otherproceedings before Justice Fabrizio as yet not transcribed. TheClerk shall furnish a copy of such transcripts to appellant’scounsel, Robert S. Dean, Esq., without charge, the transcripts tobe returned to this Court when appellant’s brief is filed.

(M-6297) -2- January 25, 2018

The time within which appellant shall perfect this appeal ishereby enlarged until 120 days from the date of filing of therecord.

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Rosalyn H. Richter, Justices. ------------------------------------XThe People of the State of New York,

Respondent, CONFIDENTIAL M-6285 -against- Ind. No. 5665/99 Lloyd Greene,

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal from the order of the Supreme Court, BronxCounty (Alvarado, J.), entered on or about November 6, 2017, forleave to have the appeal heard upon the original record and upona reproduced appellant's brief, for an enlargement of time inwhich to perfect the appeal, and for related relief,


Ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record and upon a reproduced appellant's brief, on condition that appellantserves one copy of such brief upon the District Attorney of said county and files 8 copies of such brief, together with theoriginal record, pursuant to Rule 600.11 of the Rules of thisCourt.

The Clerk of the Supreme Court shall expeditiously have made and file with the criminal court (CPL 460.70) one transcriptof the stenographic minutes of the SORA hearing and any otherproceedings before Justice Alvarado as yet not transcribed. TheClerk shall furnish a copy of such transcripts to appellant’scounsel, Robert S. Dean, Esq., without charge, the transcripts tobe returned to this Court when appellant’s brief is filed.

(M-6285) -2- January 25, 2018

The time within which appellant shall perfect this appeal ishereby enlarged until 120 days from the date of filing of therecord.

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices.

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

Respondent, CONFIDENTIAL M-6635 -against- Ind. No. 5309/15 Christopher Joseph,

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal from the order of the Supreme Court, New YorkCounty (Obus, J.), entered on or about December 1, 2017, forleave to have the appeal heard upon the original record and upona reproduced appellant's brief, for an enlargement of time inwhich to perfect the appeal, and for related relief,


Ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record and upona reproduced appellant's brief, on condition that appellantserves one copy of such brief upon the District Attorney of saidcounty and files 8 copies of such brief, together with theoriginal record, pursuant to Rule 600.11 of the Rules of thisCourt.

The Clerk of the Supreme Court shall expeditiously have made and file with the criminal court (CPL 460.70) one transcriptof the stenographic minutes of the SORA hearing and any otherproceedings before Justice Obus as yet not transcribed. TheClerk shall furnish a copy of such transcripts to appellant’scounsel, Robert S Dean, Esq., without charge, the transcripts tobe returned to this Court when appellant’s brief is filed.

(M-6635) -2- January 25, 2018

The time within which appellant shall perfect this appeal is hereby enlarged until 120 days from the date of filing of therecord.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman

John W. Sweeny, Jr. Judith J. Gische Peter Tom, Justices.

------------------------------------xDelores Moore-Owens,

Plaintiff-Appellant,

-against- M-5457Index No. 21792/15E

Evergreen Gardens, Inc., et al.,Defendants-Respondents.

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

Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal taken from the order of the Supreme Court,Bronx County, entered on or about January 18, 2017,



ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Judith J. Gische Peter Tom, Justices.

---------------------------------------XPeople of the State of New York,by Eric T. Schneiderman, AttorneyGeneral of the State of New York,

Petitioner-Respondent-Appellant,

-against-

Orbital Publishing Group, Inc.,Liberty Publishers Service, Inc.,Express Publishers Service, Inc., M-6367Associated Publishers Network, Inc., Index No. 451187/15 Adept Management, Inc., PublishersPayment Processing, Inc., CustomerAccess Services, Inc., ConsolidatedPublishers Exchange, Inc., MagazineClearing Exchange, Inc., Henry Cricket Group, LLC, Laura Lovrien,individually, and as principal ofLiberty Publishers Service Inc. andOrbital Publishing Group, Inc. andLydia Pugsley, individually, as asprincipal of Adept Management, Inc.,

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

An appeal and cross appeal having been taken from an orderof the Supreme Court, New York County, entered on or aboutDecember 1, 2015, and an appeal having been taken by petitioner-respondent-appellant from an order, same Court and Justice,entered on or about June 20, 2016,

And, petitioner-respondent-appellant having moved for anenlargement of time to perfect the appeals from the aforesaidorders,

(M-6367) -2- January 25, 2018


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeals and cross appeal to theMay 2018 Term.

ENTERED:

_____________________ CLERK

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Departmentin the County of New York on January 25, 2018.

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman

John W. Sweeny, Jr. Judith J. Gische Peter Tom, Justices.

---------------------------------------XIn the Matter of the Application ofJohn Regan,

Petitioner-Respondent,

For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules,

M-6386 -against- Index No. 104117/10

New York City Department of Buildings,et al.,

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

Respondents–appellants having moved for an enlargement oftime to perfect the appeal taken from the order of the SupremeCourt, New York County, entered on or about December 24, 2014,and to extend the stay granted by order of this Court on May 29,2014 (M-1435),


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the May 2018 Term.The aforesaid stay is continued on the condition that the appealis perfected for said May 2018 Term.

ENTERED:

_______________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick Marcy L. Kahn, Justices.

---------------------------------------XBari Yunis Schorr,

Plaintiff-Respondent, CONFIDENTIAL


David Evan Schorr,

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

Defendant-appellant, pro se, having moved for reargument ofthe decision and order of this Court, entered on October 31, 2017(Appeal No. 4869),



ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Dianne T. Renwick Barbara R. Kapnick Marcy L. Kahn Cynthia S. Kern, Justices.

-----------------------------------XXin Yong Sun,


-against- M-6365 Index No. 151006/14 Pittsford Plaza SPE, LLC and E and R Contracting,

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

Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal taken from an order of the Supreme Court,New York County, entered on or about March 10, 2017,



ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice,David Friedman John W. Sweeny, Jr. Judith J. Gische Peter Tom, Justices.

-----------------------------------XArito Santiago, as Administratrixof the Estate of Rafael Santiago,Deceased,



Bronx Harbor Health Care Complex,Inc., individually and doingbusiness as Kings Harbor MulticareCenter, Kings Harbor MulticareCenter, individually and BronxCenter for Rehabilitation &Health Care, LLC,

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

Defendants-appellants having moved for an enlargement oftime to perfect the appeal taken from an order of the SupremeCourt, Bronx County, entered on or about October 3, 2016,



ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman Troy K. Webber Jeffrey K. Oing Peter H. Moulton, Justices.

---------------------------------------XTrust Mortgage, LLC,



Peter Andrews, et al.,Defendants-Respondents,

Stelis, LLC,Defendant.

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

Plaintiff-appellant having moved for reargument of, or inthe alternative, for leave to appeal to the Court of Appeals,from the decision and order of this Court, entered on October 19,2017 (Appeal Nos. 4737N-4737NA),



ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr. Judith J. Gische, Justices.

-------------------------------------XRapson Investments LLC, et al., Plaintiffs-Appellants, M-6417 -against- Index No. 158967/17

45 East 22nd Street Property LLC, Defendant-Respondent.-------------------------------------X

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about December 5, 2017,

And, plaintiffs-appellants having moved to stay theaforesaid order cancelling certain notices of pendency pendingits appeal,



ENTERED:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Angela M. Mazzarelli Barbara R. Kapnick Troy K. Webber Peter H. Moulton, Justices.

---------------------------------------XMia Terra Realty Corp.,

Petitioner-Landlord-Respondent,


Priscilla Sloan, also known as Priscilla Dick,

Respondent-Tenant,

-and-

Max Mosler,Respondent-Undertenant-Appellant.

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

Respondent-undertenant-appellant having moved for leave toappeal to this Court from the decision and order of the AppellateTerm, First Department, entered in the office of the Clerk of theSupreme Court, New York County, on or about October 13, 2017,



ENTERED:

_____________________ CLERK


Present - Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.

--------------------------------------XIn the Matter of the Application ofManuel Becerril,

Petitioner,

For a Judgment Pursuant to Article 78of the Civil Practice Law and Rules, M-6146 Index No. 102055/15

-against-

New York City Housing Authority,

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

An Article 78 proceeding having been transferred to thisCourt, pursuant to CPLR 7804(g), by order of the Supreme Court,New York County, entered on or about July 12, 2017, to review adetermination of respondents,

And petitioner having moved for leave to prosecute theproceeding as a poor person, upon the original record andreproduced petitioner's brief,


It is ordered that the motion is granted to the extent ofpermitting the proceeding to be heard on the original record and upon a reproduced petitioner's brief, on condition thatpetitioner serve one copy of such brief upon the attorney for the respondent and file 8 copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of

(M-6146) -2- January 25, 2018

this Court, with this Court. Petitioner is permitted to dispensewith payment of the required fee for the subpoena and filing ofthe record.

ENTERED:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Judith J. Gische Richard T. Andrias Peter H. Moulton, Justices.

---------------------------------------XKristin Breen,



330 East 50th Partners, L.P.,et al.,

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

Plaintiff-appellant having moved for reargument of, or inthe alternative, for leave to appeal to the Court of Appeals,from the decision and order of this Court, entered on October 24,2017 (Appeal No. 4780),



ENTERED:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices.

---------------------------------------XMIMS Master Fund, L.P.,

Plaintiff-Appellant-Respondent,


Joseph A. Cambi,Defendant-Respondent-Appellant.

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

Defendant-respondent-appellant having moved for reargumentof, or in the alternative, for leave to appeal to the Court ofAppeals, from the decision and order of this Court, entered onNovember 14, 2017 (Appeal Nos. 4921-4922),



ENTERED:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Judith J. Gische Barbara R. Kapnick Marcy L. Kahn Peter H. Moulton, Justices.

---------------------------------------XHoward Wexler,



Ogden Cap Properties, LLC,et al.,

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

Plaintiff-respondent having moved for reargument of, or inthe alternative, for leave to appeal to the Court of Appeals,from the decision and order of this Court, entered on October 31,2017 (Appeal No. 5009),



ENTERED:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Richard T. Andrias Troy K. Webber Jeffrey K. Oing, Justices.

-------------------------------------XIn the Matter of the Application ofYu Chan Li,

Petitioner-Appellant,


New York City Landmarks PreservationCommission,

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

An appeal having been taken from a judgment of the SupremeCourt, New York County, entered on or about April 19, 2017,

And petitioner-appellant having moved an enlargement of timeto perfect the aforesaid appeal,



ENTERED:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices.

--------------------------------------XIn the Matter of the Application ofJulio C. Ruiz,

Petitioner,

For a Judgment Pursuant to Article 78of the Civil Practice Law and Rules M-6584

Index No. 102023/16 -against-

City of New York Department ofFinance (Parking Violations),

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

An Article 78 proceeding having been transferred to thisCourt, pursuant to CPLR 7804(g), by order of the Supreme Court,New York County, entered on or about July 19, 2017, to review adetermination of respondent,

And petitioner, pro se, having renewed his motion for leaveto prosecute the proceeding as a poor person, upon the originalrecord and reproduced petitioner's brief, and for an enlargementof time to perfect said proceeding,


It is ordered that so much of the motion seeks poor personrelief is denied. The time to perfect the proceeding is enlargedto the September 2018 Term.

ENTERED:

_____________________ CLERK


Present - Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Marcy L. Kahn Cynthia S. Kern, Justices.

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

Respondent,

-against- M-5693 Ind. Nos. 2237/09

Michael Bonano also known as Michael 1369/10Banano,

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

Defendant-appellant having moved for an enlargement of timeto perfect his pro se appeal from the judgment of the SupremeCourt, New York County, rendered on or about March 31, 2011,


It is ordered that the motion is granted to the extent of enlarging the time to perfect defendant-appellant's pro seappeal and file his pro se brief to the May 2018 Term; defendant-appellant is advised that the appeal will not be heard until theminutes and documents previously forwarded are returned to theClerk's Office of this Court.

ENTERED:

_____________________ CLERK


Present - Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Marcy L. Kahn Cynthia S. Kern, Justices.

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

Respondent,

-against- M-6171Ind. No. 3022/13

Luis Pastrana, Defendant-Appellant.

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

Defendant-appellant having moved for an order dismissing theappeal taken from a judgment of the Supreme Court, New YorkCounty, rendered on or about March 5, 2014, without prejudice toreinstatement at such time defendant-appellant becomes amenableto the jurisdiction of this Court,


It is ordered that the motion is granted to the extent ofdeeming the appeal withdrawn.

ENTERED:

_____________________ CLERK

\lSUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT

BEFORE: Hon. Peter TomJustice of the Appellate Division

XThe People of the State of New York,

M-5908Ind. No. 3378/07

Respondent,-against-

CERTIFICATEDENYING LEAVERobert Denis,

Defendant.X

I, Peter Tom, a Justice of the Appellate Division, First

Judicial Department, do hereby certify that, upon application

timely made by the above-named defendant 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 which 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 September 28, 2017 is hereby denied.

Hon.Assoc

fcer Tomte Justice

Dated: January 5, 2018New York, New York

OTEKD JAN 2 5 2018

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT

BEFORE: Hon. John W. Sweeny, Jr.Justice of the Appellate Division

■X

The People of the State of New York,M-4321SCI No. 4070/08CERTIFICATEDENYING LEAVE

-against-

Walt ReynoldsDefendant.

X

I, John W. Sweeny, Jr., a Justice of the Appellate Division,

First Judicial Department, do hereby certify that, upon

application timely made by the above-named defendant 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 which ought to be reviewed

by the Appellate Division, First Judicial Department, and

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

County, dated on or about July 13, 2017 (Denis J. Boyle, J.)is

hereby denied.

Defendant's motions for poor person relief and assignment of

counsel are denied as moot.

5:'isociate Jusjÿirÿe

Dated: January 3, 2018New York, New York

JAN 2 5 2018ENTERED:

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT

Hon. Rolando T. AcostaPresiding Justice

BEFORE:

XThe People of the State of New York,

Respondent,M-6296

Ind. No. 169/15

-against- CERTIFICATEGRANTING LEAVE

Howard Stokes,Defendant-Appellant.

X

I, Rolando T. Acosta, Presiding Justice of the Appellate

Division, First Judicial Department, do hereby certify that in the

proceedings herein questions of law or fact are involved which ought

to be reviewed by the Appellate Division, First Judicial Department,

and, pursuant to Section 460.15 of the Criminal Procedure Law,

permission is hereby granted to the above-named defendant to appeal to

the Appellate Division, First Judicial Department, from the order of

the Supreme Court, New York County, entered on or about October 19,

2017.

January 9, 2018, New York

Dated:

Hon] Rolando T. AcostaPresiding JusticeJAN 2 5 2018

NOTICE: Within 15 days from the date hereon, an appeal must be taken,and this certificate must be filed with the notice of appeal. Anappeal is taken by filing, in the Clerk's office of the criminal courtin which the order sought to be appealed was rendered, a writtennotice in duplicate that appellant appeals to the Appellate Division,First Judicial Department (Section 460.10, subd. 4, CPL), togetherwith proof that another copy of the notice of appeal has been servedupon opposing counsel. The appeal must be argued within 120 days fromthe date of the notice of appeal, unless the time to perfect theappeal is enlarged by the court or a justice thereof.

At a Term of the Appellate Division of the Supreme Court held in …€¦ · At a Term of the Appellate Division of the Supreme Court held in and for the First Judicial Department

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