ENTERED - Judiciary of New York · 2017-04-24 · Troy K. Webber, Justices. -----X The People of the State of New ... term, continuing the previously granted stay of execution on

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 25, 2017.

Present - Hon. Dianne T. Renwick, Justice Presiding, Angela M. Mazzarelli Sallie Manzanet-Daniels Paul G. Feinman Troy K. Webber, Justices.

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

Respondent,M-952

-against- Ind. No. 9990/87

Gerald Francis, also known as Lawrence Benjamin,

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

An order of a Justice of this Court having been entered onSeptember 22, 2016 (M-2700) granting defendant leave to appeal tothis Court, pursuant to CPL 460.15, from the order of the SupremeCourt, New York County, entered on or about April 22, 2016,

And defendant-appellant having moved for leave to prosecutethe appeal as a poor person, for leave to have the appeal heardupon the original record and a reproduced appellant's brief, forthe assignment of appellate counsel, and for 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, exceptthat a certified copy of the indictment(s) shall be substitutedin place of the original indictment(s), and upon a reproducedappellant's brief, on condition that appellant serves one copy ofsuch brief upon the District Attorney of said county and files 8copies of such brief, together with the original record, pursuantto Rule 600.11 of the Rules of this Court.

The court reporter shall promptly make and file with thecriminal court (CPL §460.70) one transcript of the stenographicminutes of any proceedings pursuant to CPL §210.20, Arts. 710 and730, and of the plea or trial and sentence. The Clerk shallfurnish a copy of such transcripts to appellant's counsel,without charge, the transcripts to be returned to this Court whenappellant's brief is filed.

(M-952) -2- April 25, 2017

Seymour W. James, Jr., Esq., 199 Water Street, 5th Floor,New York, New York 10038, Telephone No. 212-577-3688, is assignedas counsel for defendant-appellant for purposes of the appeal. 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. Dianne T. Renwick, Justice Presiding, Angela M. Mazzarelli Sallie Manzanet-Daniels Paul G. Feinman Troy K. Webber, Justices.

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

Respondent,

-against- M-1240Index No. 201/14

Kevin Hurley,Defendant-Appellant.

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

Defendant-appellant having moved for an enlargement of timeto perfect the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about June 17, 2016, and toextend the stay of execution of the aforesaid judgment pendinghearing and determination of the appeal taken therefrom,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the September 2017term, continuing the previously granted stay of execution on thesame terms and conditions set forth on said order, and on furthercondition that the appeal is perfected for said September 2017Term.

ENTERED:

_____________________ CLERK


Present: Hon. Dianne T. Renwick, Justice Presiding, Angela M. Mazzarelli Sallie Manzanet-Daniels Paul G. Feinman Troy K. Webber, Justices.

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

Respondent, CONFIDENTIAL M-1246


Damique F., Defendant-Appellant.---------------------------------------X

An appeal having been taken from the judgment of the SupremeCourt, New York County, rendered on or about September 9, 2014,and said appeal having been perfected,

And defendant-appellant, in connection with the aforesaidappeal, having moved for leave to file a pro se supplementalbrief, and for related relief,


It is ordered that the motion is granted to the extent ofdirecting defendant to serve and file 8 copies of his pro sesupplemental brief on or before July 10, 2017 for the September2017 Term, to which Term the appeal is adjourned. The Clerk of the Court is directed to forward to the Warden at the Statecorrectional facility wherein defendant is incarcerated atranscript of the minutes relating to defendant's appeal, said

(M-1246) -2- April 25, 2017

transcript to be made available to appellant and returned byappellant to this Court when submitting the pro se supplementalbrief hereto. The appeal will not be heard unless and until allmaterial furnished to appellant has been returned.

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 April 25, 2017.

PRESENT: Hon. Rosalyn H. Richter, Justice Presiding,Angela M. Mazzarelli Marcy L. Kahn Ellen Gesmer, Justices.

--------------------------------------XCitibank, N.A., et al.,

Plaintiffs-Respondents,

-against- M-1141 Index No. 651075/12

Keenan Powers & Andrews, PC, et al.,Defendants,

Arthur J. Powers,Defendant-Appellant.

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

Defendant-appellant having moved for an enlargement of timeto perfect the appeal from the judgment of the Supreme Court, New York County, entered on or about November 19, 2015,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the September 2017Term, with no further enlargements to be granted.

ENTERED:

_____________________ CLERK


PRESENT - Hon. Rosalyn H. Richter, Justice Presiding, Angela M. Mazzarelli Richard T. Andrias Ellen Gesmer, Justices.

---------------------------------------XIn re 128 Hester LLC,

Petitioner-Appellant,

-against- M-1050 Index No. 101754/13The New York State Division of Housing& Community Renewal, et al.,

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

Petitioner-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 January 31,2017 (Appeal No. 2684),


It is ordered that the motion is denied.

ENTERED:

_____________________ CLERK


Present: Hon. Rosalyn H. Richter, Justice Presiding, Richard T. Andrias Karla Moskowitz Paul G. Feinman Barbara R. Kapnick, Justices.

--------------------------------------XWarren Redlich, Plaintiff-Respondent,


Rodger Stone, Michael Caputo, AndrewMiller and Kristin Davis,

Defendants,

Carl Paladino, Defendant-Appellant.

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

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about April 22, 2016,and said appeal having been perfected,

And, plaintiff-respondent pro se having moved to supplementthe record on appeal,

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 ofdirecting plaintiff-respondent to serve and file, within 7 days of entry of this order, 8 copies of a supplemental recordcontaining the County Clerk’s Certification and Page 19 (thesignature page) of plaintiff’s Affidavit in Opposition toDefendants’ Motion for Summary Judgment, both as set forth in thedocument submitted to this Court in conjunction with the letterof plaintiff pro se, dated April 8, 2017.

ENTERED:

_____________________ CLERK


Present - Hon. Angela M. Mazzarelli, Justice Presiding, Sallie Manzanet-Daniels Paul G. Feinman Troy K. Webber, Justices. ------------------------------------XThe People of the State of New York,

Respondent,

-against- M-1071Ind. No. 3847/13

Harry Adams,Defendant-Appellant.

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

Defendant having moved for an enlargement of time in whichto file a notice of appeal from a judgment of the Supreme Court,Bronx County, rendered on or about January 12, 2016, for leave toprosecute the appeal as a poor person upon the original recordand a reproduced appellant's brief, and for related relief,


It is ordered that the motion is granted to the extent ofdeeming the moving papers a timely filed notice of appeal andpermitting the appeal to be heard on the original record, exceptthat a certified copy of the indictment(s) shall be substitutedin place of the original indictment(s), and upon a reproducedappellant's brief, on condition that appellant serves one copy ofsuch brief upon the District Attorney of said county and files 8copies of such brief, together with the original record, pursuantto Rule 600.11 of the Rules of this Court.


(M-1071) -2- April 25, 2017


ENTERED:

_____________________ CLERK


Present - Hon. Angela M. Mazzarelli, Justice Presiding, Sallie Manzanet-Daniels Paul G. Feinman Troy K. Webber, Justices. ---------------------------------------xThe People of the State of New York,

Respondent,


Delroy Pitterson, Defendant-Appellant.

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

A decision and order of this Court having been entered onNovember 8, 2007 (Appeal No. 1912), unanimously affirming ajudgment of the Supreme Court, Bronx County (Lieb, J.), renderedon May 25, 2005,

And an order of this Court having been entered on January19, 2017 (M-5239), denying defendant-appellant’s motion for anorder directing the People to provide the minutes of the GrandJury proceedings to defendant,

And defendant-appellant having moved for renewal and/orreargument of the aforesaid motion entered January 19, 2017 (M-5239),



ENTERED:

_____________________ CLERK


PRESENT - Hon. Richard T. Andrias, Justice Presiding, Paul G. Feinman Judith J. Gische Ellen Gesmer, Justices.

---------------------------------------XTonyia Watson,

Claimant-Appellant,

-against- M-1361 Claim Nos. 125779 The State of New York, 126184

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

Pro-se claimant-appellant having moved for reargument of,or in the alternative, for leave to appeal to the Court ofAppeals, from the decision and order of this Court, entered onFebruary 28, 2017 (Appeal Nos. 3264-3264A),



ENTERED:

_____________________ CLERK


Present: Hon. Peter Tom, Justice Presiding, David Friedman John W. Sweeny, Jr. Rolando T. Acosta Dianne T. Renwick, Justices. ------------------------------------XIn the Matter of

Asia Lynn S.,

A Dependent Child Under 18 Years CONFIDENTIALof Age Pursuant to §384-b of the M-1117Social Services Law of the State Docket Nos. B-13784-13/15Aof New York. B-13784-13 - - - - - - - - - - - - - - - Good Shepherd Services, and Administration for Children’sServices,

Petitioners-Respondents,

Regina P.,Respondent-Appellant.- - - - - - - - - - - - - - -

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

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

Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the FamilyCourt, Bronx County, entered on or about January 3, 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, Andrew J. Baer, Esq., 299Broadway, Suite #1415, New York, NY 10007, Telephone No. (212)233-0318, as counsel for purposes of prosecuting the appeal;

(M-1117) -2- April 25, 2017

(2) directing the Clerk of said Family Court to have transcribedthe minutes 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 of the record from the Family Court to this Court. The Clerk ofthe Family 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

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


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

Kaythen P., Celiane P., CONFIDENTIAL and Katiane P., M-1119

Docket Nos. NA-29425/16 Children Under 18 Years of Age NA-29426/16 Alleged to be Abused and/or NA-29427/16 Neglected Under Article 10 ofthe Family Court Act. - - - - - - - - - - - - - - Administration for Children’sServices,

Petitioner-Respondent,

Cesar P.,Respondent-Appellant,

Katherine R. and Justina C.,Respondents.- - - - - - - - - - - - - -

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

Attorney for the Children.------------------------------------X

Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the FamilyCourt, Bronx County, entered on or about January 18, 2017, andfor assignment of counsel, a free copy of the transcript, and forrelated relief,


(M-1119) -2- April 25, 2017

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, Andrew J. Baer, Esq., 299Broadway, Suite #1415, New York, NY 10007, Telephone No. (212)233-0318, 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 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 of the record from the Family Court to this Court. The Clerk ofthe Family 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. Peter Tom, Justice Presiding, David Friedman John W. Sweeny, Jr. Rolando T. Acosta Dianne T. Renwick, Justices. --------------------------------------XIn the Matter of

Yadari G., and Zyaire S., CONFIDENTIAL M-1353Children Under 18 Years of Age Docket Nos. NN-41266/14Alleged to be Neglected Under NN-41265/14Article 10 of the Family Court Act. - - - - - - - - - - - - - Administration for Children’s Services, Petitioner-Respondent,

Kathy L.,Respondent-Appellant.- - - - - - - - - - - - -

Michael Mormon, Esq., Lawyers for Children, Attorney for the Children.--------------------------------------X

Respondent-appellant maternal grandmother having moved for leave to prosecute, as a poor person, the appeal taken froman Order of Fact-Finding of the Family Court, New York County,entered on or about December 14, 2015 and from an Order ofDisposition of said Court, entered on or about September 7, 2016,and for assignment of counsel, a free copy of the transcript, andfor related relief,


Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law

(M-1353) -2- April 25, 2017

and §1120 of the Family Court Act, Andrew J. Baer, Esq., 299Broadway, Suite #1415, New York, NY 10007, Telephone No. (212)233-0318, 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 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 of the record from the Family Court to this Court. The Clerk ofthe Family 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. Peter Tom, Justice Presiding, David Friedman John W. Sweeny, Jr. Rolando T. Acosta Dianne T. Renwick, Justices.

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

Jazzalyn Marie J., CONFIDENTIAL A Child Subject of a Surrender M-1356Pursuant to Section 1113 of the Docket No. A-10332/14Family Court Act. - - - - - - - - - - - - - - Mercy First, Petitioner-Appellant,

Krystal B., Respondent-Respondent. - - - - - - - - - - - - - -Andrew J. Baer, Esq., Attorney for the Child.------------------------------------X

Carole M. Levy, Esq., court attorney for the subject child,having moved on the child's behalf for leave to respond, as apoor person, to the perfected appeal taken from the order of theFamily Court, Bronx County, entered on or about October 17, 2016,and for assignment of counsel, a free copy of the transcript, andfor related relief,


It is ordered that the motion is granted to the extent of (1) assigning, pursuant to §1120 of the Family Court Act,Andrew J. Baer, Esq., 299 Broadway, Suite #1415, New York, NY10007, Telephone No. (212) 233-0318, as counsel for purposes of

(M-1356) -2- April 25, 2017

responding to the appeal; (2) permitting movant to respond to the appeal upon a reproduced respondent’s brief, on conditionthat one copy of such brief be served upon the attorney forpetitioner-appellant and 8 copies thereof are filed with thisCourt.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Peter Tom, Justice Presiding, David Friedman John W. Sweeny, Jr. Rolando T. Acosta Dianne T. Renwick, Justices.


Respondent, M-1453


Stanley Holmes, Defendant-Appellant.

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, New YorkCounty, rendered on or about June 30, 2016, for leave to have theappeal heard upon the original record and a reproducedappellant's brief, and for related relief,



The court reporter shall promptly make and file with thecriminal court (CPL §460.70) one transcript of the stenographicminutes of any proceedings pursuant to CPL §210.20, Arts. 710 and730, of the plea or trial and sentence. The Clerk shall furnisha copy of such transcripts to appellant's counsel, withoutcharge, the transcripts to be returned to this Court whenappellant's brief is filed.

(M-1453) -2- April 25, 2017

Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, 28th Floor, New York, New York 10005, TelephoneNo. 212-577-2523, is assigned as counsel for defendant-appellantfor purposes of the appeal. The time within which appellantshall perfect this appeal is hereby enlarged until 120 days fromthe date of filing of the record.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Peter Tom, Justice Presiding, Karla Moskowitz Paul G. Feinman Judith J. Gische Barbara R. Kapnick, Justices.

-------------------------------------XIn the Matter of a Proceeding for Custody and/or Visitation UnderArticle 6 of the Family Court Act. - - - - - - - - - - - - - - -Elisa N., M-1033 Petitioner-Respondent, Docket Nos. V-30766/14 V-30767/14 -against-

Yoav I., Respondent-Appellant. - - - - - - - - - - - - - - -Seymour W. James, Jr., Esq., The Legal Aid Society, Juvenile Rights Division, Attorney for the Child.-------------------------------------X

Assigned counsel for respondent-appellant Yoav I., Neal D.Futerfas, Esq., having moved to be relieved as appellate counsel,to have new counsel assigned, and for an enlargement of time forYoav I. to perfect his appeal taken from an order of the FamilyCourt, New York County, entered on or about January 20, 2016,

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 enlarging the time to perfect the appeal to the October 2017Term, relieving Neal D. Futerfas, Esq., as appellate counsel, andsubstituting, pursuant to Article 18b of the County Law and §1120 of the Family Court Act, Steven N. Feinman, Esq., One North

(M-1033) -2- April 25, 2017

Broadway, Suite #412, White Plains, NY 10601, Telephone No. 914-949-8214, 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.

ENTERED:

_____________________ CLERK


Present - Hon. Peter Tom, Justice Presiding, David Friedman John W. Sweeny, Jr. Rolando T. Acosta Dianne T. Renwick, Justices.


Respondent, CONFIDENTIAL M-1110 -against- SCID No. 30154/16 Tracy E.,


Defendant having moved for leave to prosecute, as a poorperson, the appeal from the order of the Supreme Court, New YorkCounty (Pickholz, J.), entered on or about February 2, 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 havemade and file with the criminal court (CPL 460.70) one transcriptof the stenographic minutes of the SORA hearing and any otherproceedings before Justice Pickholz 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-1110) -2- April 25, 2017

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

ENTERED:

_____________________ CLERK


PRESENT: Hon. Peter Tom, Justice Presiding, David Friedman John W. Sweeny, Jr. Rolando T. Acosta Dianne T. Renwick, Justices. ------------------------------------XThe People of the State of New York,

Respondent, CONFIDENTIAL M-1528

-against- Ind. Nos. 477/11 1718/11Daniel B.,


Defendant having moved for leave to prosecute, as a poorperson, the appeal from the order of the Supreme Court, New YorkCounty (Solomon, J.) entered on or about March 7, 2017, for leaveto have the appeal heard upon the original record and upon areproduced appellant's brief, for an enlargement of time in whichto 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 Solomon 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-1528 -2- April 25, 2017

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. Peter Tom, Justice Presiding, David Friedman John W. Sweeny, Jr. Rolando T. Acosta Dianne T. Renwick, Justices.


Respondent,


Andre Johnson,Defendant-Appellant.

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

An order of this Court having been entered on March 15, 2017(M-351), granting defendant leave to prosecute, as a poor person,the appeal from a judgment of the Supreme Court, New York County,rendered on or about December 7, 2015, and assigning Seymour W.James, Jr., 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 Seymour W. James,Jr., Esq., as counsel to prosecute defendant's appeal, andsubstituting, pursuant to Section 722 of the County Law, RobertS. Dean, Esq., Center for Appellate Litigation, 120 Wall Street,28th Floor, New York, New York 10005, Telephone No. 212-577-2523,as such counsel. The poor person relief previously granted iscontinued, and appellant's time in which to perfect the appeal isenlarged until 120 days from the date of this order or the filingof the record, whichever is later.

ENTERED:

_____________________ CLERK


Present: Hon. Peter Tom, Justice Presiding, Rolando T. Acosta Barbara R. Kapnick

Marcy L. Kahn Ellen Gesmer, Justices.

----------------------------------XPhilip A. H., Plaintiff-Respondent, CONFIDENTIAL M-830 -against Index No. 312822/15

Dina F. H., Defendant-Appellant.----------------------------------X

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about February 2, 2017,

And, defendant-appellant having moved to stay enforcement,pending the appeal of the aforesaid order of Supreme Court,insofar as it precludes defendant wife from pursuing equitabledistribution claims, including her purported loss of her expectedbenefits in family trust assets, or, in the alternative, stayingthe hearing of the financial issues by the special referee,


Ordered that the motion is granted to the extent ofcontinuing the interim relief granted by order of a Justice ofthis Court, dated February 14, 2017, to the extent of staying the issuance of a decision at the referee’s hearing but otherwisedeny so as to allow the hearing to go forward.

ENTERED:

_____________________ CLERK


PRESENT - Hon. Peter Tom, Justice Presiding, David Friedman John W. Sweeny, Jr. Judith J. Gische, Justices.

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

Respondent,


Carlos Santana,Defendant-Appellant.

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

A decision and order of this Court having been entered onJanuary 9, 1997 (Appeal No. 59474), unanimously affirming ajudgment of conviction of the Supreme Court, Bronx County (DavidStadtmauer, J.), rendered on June 23, 1994,

And defendant-appellant having moved, in the nature of awrit of error coram nobis, for a review of his claim ofineffective assistance of appellate counsel, and for relatedrelief,



ENTERED:

_______________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Angela M. Mazzarelli Paul G. Feinman Judith J. Gische, Justices.

-----------------------------------XSatnam Dhami,

Plaintiff-Respondent,


Pedro Mateo and SDQ Realty Corporation,

Defendants-Appellants,

City of New York, EnvironmentalControl Bureau, New York StateDepartment of Taxation and Finance,and City of New York Department ofFinance,

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

Defendants-appellants Pedro Mateo and SDQ Realty Corporationhaving moved for an enlargement of time to perfect the appealfrom an order of the Supreme Court, Bronx County, entered on orabout February 29, 2016,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the September 2017Term.

ENTERED:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Angela M. Mazzarelli

Paul G. Feinman Judith J. Gische, Justices.

---------------------------------XNathalie Y.,

Plaintiff-Appellant, CONFIDENTIAL M-1217

-against- Index No. 312108/10

Rodney Y.,Defendant-Respondent

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

Plaintiff-appellant having moved for an enlargement of time to perfect the appeal from an order of the Supreme Court, New York County, entered on or about January 25, 2016,

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 ofenlarging the time to perfect the appeal to the October 2017Term.

ENTERED:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Karla Moskowitz Judith J. Gische Barbara R. Kapnick, Justices.

-----------------------------------XJohn Ramos, as Administrator of the Estate of Rosamaria Figueroa,Deceased,



The City of New York,Defendant-Appellant,

TC Ambulance Corporation, et al.,Defendants.

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

Defendant-appellant having moved for an enlargement of timeto perfect the appeal taken from an order of the Supreme Court,Bronx County, entered on or about May 12, 2016,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the October 2017 Term.

ENTERED:

_____________________ CLERK

1 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 25, 2017.

PRESENT: Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Angela M. Mazzarelli Paul G. Feinman Judith J. Gische, Justices.

-----------------------------------XIn the Matter of the Application ofAdeyinka Adebiyi,

Petitioner-Respondent,


The New York City Housing Authorityand the Risk Management PlanningGroup Authority,

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

Respondents-appellants having moved for an enlargement oftime to perfect the appeal from an order of the Supreme Court,Bronx County, entered on or about August 5, 2015,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the October 2017Term, with no further enlargements to be granted.

ENTERED:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Dianne T. Renwick Karla Moskowitz Paul G. Feinman, Justices.

-----------------------------------XU.S. Bank National Association,solely in its capacity as Trusteeof the Mastr Adjustable Rate MortgagesTrust 2006-OA1 (MARM 2006-0A1),

Plaintiff-Appellant, M-1450 Index No. 651282/12

-against-

UBS Real Estate Securities Inc.,Defendant-Respondent.

-----------------------------------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 July 28, 2016,



ENTERED:

_____________________ CLERK


Present: Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Karla Moskowitz Judith J. Gische Barbara R. Kapnick, Justices.

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

Respondent, M-1047

-against- Index No. 3893N/15

Jose Rodriguez, Defendant-Appellant.--------------------------------------X

Defendant having moved for an enlargement of time to file a notice of appeal taken from the judgment of the Supreme Court,New York County, rendered on or about July 19, 2016,


It is ordered that the motion is granted to the extent of deeming the notice of appeal timely filed.

ENTERED:

_____________________ CLERK



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

Respondent, M-1048

-against- Ind. No. 777/14 Terrell Phaire, Defendant-Appellant.-------------------------------------X

Defendant having moved for an enlargement of time to file a notice of appeal taken from a judgment of the Supreme Court,Bronx County, rendered on or about July 13, 2016,


It is ordered that the motion is granted to the extent of deeming the notice of appeal timely filed.

ENTERED:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Karla Moskowitz Judith J. Gische Barbara R. Kapnick, Justices.


Respondent,

-against- M-1055 Ind. No. 1244N/15

Juan Morales-Moya,Defendant-Appellant.

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

Defendant-appellant, pro se, having moved for an enlargementof time in which to file a notice of appeal from a judgment ofthe Supreme Court, New York County, rendered on or about March 10, 2016,


It is ordered that the motion is granted to the extent of deeming the moving papers a timely filed notice of appeal.

ENTERED:

_____________________ CLERK


Present - Hon. David Friedman, Justice Presiding, Richard T. Andrias Paul G. Feinman Barbara R. Kapnick Ellen Gesmer, Justices. ---------------------------------------XThe People of the State of New York,

Respondent, M-594

-against- Ind. Nos. 3884/14 438/15

Saif Reid, Defendant-Appellant.

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

An order of this Court having been entered on September 27,2016 (M-3723) granting defendant leave to prosecute, as a poorperson, the appeal from the judgment of the Supreme Court, NewYork County, rendered on or about December 15, 2015, andassigning Robert S. Dean, Esq., as counsel to prosecute theappeal; and a motion having 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 assigned counsel Robert S. Dean,Esq., as counsel to prosecute defendant's appeal, andsubstituting, pursuant to Section 722 of the County Law, RosemaryHerbert, Esq., Office of the Appellate Defender, 11 Park Place,Room 1601, New York, New York, 10007, Telephone No. 212-402-4112,as such counsel. The poor person relief previously granted iscontinued, and appellant's time in which to perfect the appeal isenlarged until 120 days from the date of this order or the filingof the record, whichever is later. (See M-595, decidedsimultaneously herewith.

ENTERED:

_____________________ CLERK


Present - Hon. David Friedman, Justice Presiding, Richard T. Andrias Paul G. Feinman Barbara R. Kapnick Ellen Gesmer, Justices. ---------------------------------------XThe People of the State of New York,

Respondent, M-595


Saif Reid, Defendant-Appellant.

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

An order of this Court having been entered on May 31, 2016(M-2451) granting defendant leave to prosecute, as a poor person,the appeal from the judgment of the Supreme Court, New YorkCounty, rendered on or about April 15, 2015, and assigning RobertS. Dean, Esq., 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 assigned counsel Robert S. Dean,Esq., as counsel to prosecute defendant's appeal, andsubstituting, pursuant to Section 722 of the County Law, RosemaryHerbert, Esq., Office of the Appellate Defender, 11 Park Place,Room 1601, New York, New York, 10007, Telephone No. 212-402-4112,as such counsel. The poor person relief previously granted iscontinued, and appellant's time in which to perfect the appeal isenlarged until 120 days from the date of this order or the filingof the record, whichever is later. (See M-594, decidedsimultaneously herewith.)

ENTERED:

_____________________ CLERK


Present - Hon. David Friedman, Justice Presiding,Richard T. Andrias Judith J. Gische Troy K. Webber, Justices.


Respondent,


Golzalo Aguillar,Defendant-Appellant.

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

An order of this Court having been entered on February 2,2017 (M-4901/M-5179), inter alia, assigning Seymour W. James,Jr., Esq., as counsel for purposes of addressing the People’sarguments on the cross motion to dismiss said 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 Seymour W. James,Jr., Esq., as counsel for defendant and substituting, pursuant toSection 722 of the County Law, Robert S. Dean, Esq., Center forAppellate Litigation, 120 Wall Street, 28th Floor, New York, NewYork 10006, Telephone No. 212-577-2523, as such counsel.

ENTERED:

_____________________ CLERK


PRESENT - Hon: David Friedman, Justice Presiding, Rosalyn H. Richter Angela M. Mazzarelli Paul G. Feinman Judith J. Gische, Justices.

---------------------------------------XGoldstein Group Holding, Inc., etc., Plaintiff-Appellant,


310 East 4th Street Housing DevelopmentFund Corporation, Defendant-Respondent,

Howard Brandstein, Defendant-Intervenor-Respondent,

New York City Department of Taxationand Finance, et al., Defendants.---------------------------------------X

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about October 16, 2015, andsaid appeal having been perfected,

And defendant-intervenor-respondent Howard Brandstein havingmoved for an adjournment to file a respondent’s brief and forleave to file a supplemental appendix,


It is ordered that the motion is granted to the extent ofgranting the defendant-intervenor-respondent leave to file asupplemental appendix containing all papers and exhibits,including papers and exhibits in opposition, filed in connectionwith defendant-respondent-intervenor’s motion to intervene (mot.seq. no. 004), such supplemental appendix also to include theorder of the Supreme Court, entered October 2, 2015, on that

M-1216 -2- April 25, 2017

motion sequence, of which this Court hereby taking judicialnotice; respondent-intervenor is directed to file his brief and asupplemental appendix in accordance with the foregoing on orbefore August 9, 2017 for the September 2017 Term, to which Termthe perfected appeal is adjourned.

ENTERED:

_____________________ CLERK



-------------------------------------XThe People of the State of New York, Respondent M-1175


Sean Steele, Jr., Defendant-Appellant.--------------------------------------X

An appeal having been taken from a judgment of the SupremeCourt, New York County, rendered on or about October 29, 2014,

And, an order of this Court having been entered on May 12, 2015 (M-1594), granting defendant poor person relief andassigning Seymour W. James, Jr., Esq., as counsel to prosecutethe appeal,

And, an order of this Court having been entered on May 5,2016 (M-1036), relieving assigned counsel Seymour W. James, Jr.,Esq., as counsel on the appeal and substituting Zachary Johnson,Esq., Galluzzo & Johnson LLP, and said counsel having filed anappellant’s brief on October 3, 2016, and perfected the appeal on defendant’s behalf,

And, an order of this Court having been entered February 7,2017 (M-6342), relieving Zachary Johnson, Esq., Galluzzo &Johnson LLP, as counsel for defendant, and assigning MarianneKaras, Esq., as counsel on the appeal,

And, defendant having moved to withdraw the appellant’sbrief, filed on October 3, 2016, by Zachary Johnson, Esq., andallowing the substitution of a new brief prepared by assignedcounsel, Marianne Karas, Esq.,

(M-1175) -2- April 25, 2017


Ordered that the motion is granted to the extent of deemingthe brief filed October 3, 2016 struck and directing assignedcounsel Marianne Karas, Esq. to file a new brief for defendant on or before July 10, 2017 for the September 2017 Term, to whichTerm the perfected appeal is adjourned.

ENTERED:

_____________________ CLERK


PRESENT - Hon: David Friedman, Justice Presiding, Dianne T. Renwick Karla Moskowitz Paul G. Feinman Barbara R. Kapnick, Justices.

---------------------------------------XTishman Construction Corp., an AecomCompany, and SL Green Realty Corp., Plaintiffs-Respondents,


United Hispanic Construction Workers,Inc., Defendant-Appellant,

David Rodriguez,Non-Party Appellant.

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

Appeals having been taken to this Court from the order andjudgment (one paper) of the Supreme Court, New York County,entered on or about January 27, 2016, from the order of saidCourt, entered on or about January 23, 2017, and from thejudgment of said Court, entered on or about February 28, 2017,respectively, and the appeals having been perfected,

And an order of this Court entered March 30, 2017 (M-1122),inter alia, consolidating the aforesaid appeals,

And appellants having moved for an order extending the timeto submit the respondent’s brief to March 31, 2017, and extendingthe deadline for the reply brief to April 30, 2017, and for leaveto file a supplemental record,

Now, upon reading and filing the papers with respect to themotion, and the stipulation of the parties dated April 5, 2017,and due deliberation having been had thereon,

M-1483 -2- April 25, 2017

It is ordered that the motion is deemed withdrawn inaccordance with the aforesaid stipulation.

ENTERED:

_____________________ CLERK


Present: Hon. David Friedman, Justice Presiding, Karla Moskowitz Judith J. Gische Marcy L. Kahn, Justices. ----------------------------------XIn re Prometheus Realty Corp., et al., Petitioners-Respondents,

For an Order Pursuant to Article 78 of the Civil Practice Law and Rules, M-1332 -against- Index No. 653003/16

The New York City Water Board, et al., Respondents-Appellants.----------------------------------X

Respondents-appellants having moved for leave to appeal tothe Court of Appeals, from the decision and order of this Court,entered on February 16, 2017 (Appeal No. 1805),


It is ordered that the motion is granted, and this Court,pursuant to CPLR 5713, certifies that the following question of law, decisive of the correctness of its determination, hasarisen, which in its opinion ought to be reviewed by the Court of Appeals:

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

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

ENTERED:

_____________________ CLERK


Present: Hon. John W. Sweeny, Jr., Justice Presiding, Angela M. Mazzarelli

Karla Moskowitz Marcy L. Kahn, Justices.

------------------------------------XSecurity Pacific National Bank, Plaintiff-Respondent,


Traci E. Evans, Defendant-Appellant,

Arnold Lepelstat, et al., Defendants.------------------------------------X

A decision and order of this Court having been entered on March 9, 2017 (Appeal No. 3360), unanimously affirming the order of the Supreme Court, New York County, entered on or aboutApril 14, 2015,

And, plaintiff-respondent having moved to dismiss theaforesaid appeal, 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 denied as moot.

ENTERED:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Richard T. Andrias Karla Moskowitz Marcy L. Kahn Ellen Gesmer, Justices.


Respondent,


Dayvon Bedeau,Defendant-Appellant.

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

Defendant having moved for an enlargement of time in whichto file a notice of appeal from a judgment of the Supreme Court,New York County, rendered on or about June 9, 2016, for leave toprosecute the appeal as a poor person upon the original recordand a reproduced appellant's brief, and for related relief,




(M-1078) -2- April 25, 2017

Rosemary Herbert, Esq., Office of the Appellate Defender, 11Park Place, Room 1601, New York, New York 10007, Telephone No.212-402-4112, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shallperfect this appeal is hereby enlarged until 120 days from thedate of filing of the record.

ENTERED:

_____________________ CLERK




Respondent,


Carlos Falu,Defendant-Appellant.

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

Defendant having moved for an enlargement of time in whichto file a notice of appeal from a judgment of the Supreme Court,Bronx County, rendered on or about April 28, 2016, for leave toprosecute the appeal as a poor person upon the original recordand a reproduced appellant's brief, and for related relief,




(M-1079) -2- April 25, 2017


ENTERED:

_____________________ CLERK




Respondent,


Jarod Skinner,Defendant-Appellant.

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

Defendant having moved for an enlargement of time in whichto file a notice of appeal from a judgment of the Supreme Court,New York County, rendered on or about October 5, 2016, for leaveto prosecute the appeal as a poor person upon the original recordand a reproduced appellant's brief, and for related relief,




(M-1080) -2- April 25, 2017


ENTERED:

_____________________ CLERK



-----------------------------------XRou Dong Yee and Pui Tsang Yee,

Plaintiffs-Appellants,


Deluxe Meat Market Inc., et al.,Defendants-Respondents.

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

Plaintiffs-appellants having moved for an enlargement oftime to perfect the appeal taken from an order of the SupremeCourt, New York County, entered on or about June 2, 2016,



ENTERED:

_____________________ CLERK



-----------------------------------XElizabeth Mandel and Steven Angel,



Consolidated Edison Company ofNew York, Inc., etc., et al.,

Defendants-Respondents.-----------------------------------X(And a third-party action)-----------------------------------X

Plaintiffs-appellants having moved for an enlargement oftime to perfect the appeal taken from an order of the SupremeCourt, New York County, entered on or about May 24, 2016,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the October 2017 Term.

ENTERED:

_____________________ CLERK



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

Respondent,


Christopher Wong,Defendant-Appellant.

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

Defendant-appellant having moved for an enlargement of timeto perfect the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about January 5, 2017, and for acontinuation of bail, granted by an order of a Justice of thisCourt, entered on January 19, 2017,

Now, upon reading and filing the papers with respect to themotion, including the stipulation of the parties dated March 16,2017, 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 September 2017Term, and extending the bail granted by the aforesaid order of aJustice of this Court, entered on January 19, 2017 on the sameterms and conditions set forth on said order, and on the furthercondition that the appeal is perfected for said September 2017Term.

ENTERED:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Richard T. Andrias Troy K. Webber Ellen Gesmer, Justices. ---------------------------------------xProbate Proceeding, Will of

Miriam Schwartz,

Deceased.- - - - - - - - - - - - - - Surrogate’s Court

Andrea Namanworth, M-1425Petitioner-Respondent, File No. 2009-914

-against-

Gloria Schwarz,Objectant-Appellant.

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

Appeals having been taken to this Court from orders of theSurrogate’s Court, Bronx County, entered on or about November 2,2015 and July 25, 2016, respectively,

And objectant-appellant having moved for an enlargement oftime to perfect the appeal taken from the order entered on orabout November 2, 2015, and to consolidate same with the appealtaken from the order entered on or about July 25, 2016,


It is ordered that the motion is granted to the extent ofenlarging the time in which to perfect the appeals, which arehereby consolidated, to the September 2017 Term. Appellant ispermitted to prosecute the appeals upon 9 copies of one recordand one copy of appellant’s points covering the aforesaidappeals.

ENTERED:

_____________________ CLERK


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

---------------------------------------XThe People of the State of New Yorkex rel. Paul Lieber on behalf of Kamesh Budhu, Petitioner-Appellant,


Warden Manhattan Detention Complex orany other person having custody ofthe Petitioner, Respondent-Respondent. ---------------------------------------X

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about March 17, 2017,

And petitioner having moved for an order reducing the bailpending hearing and determination of the appeal,



ENTERED:

_____________________ CLERK


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

-------------------------------------XDavid Galanter,



Georgia Malone, G. Malone & Co, LLC,and Georgia Malone & Company, Inc.,

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

Defendants-appellants having moved for an order staying thetrial in the above-entitled action pending hearing anddetermination of the appeal taken from an order of the SupremeCourt, New York County, entered on or about December 6, 2016,



ENTERED:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Angela M. Mazzarelli Karla Moskowitz Marcy L. Kahn, Justices. -------------------------------------XMaria Yolanda Lopez-Reyes,



Emile Heriveaux,Defendant-Appellant,

HCACC - Hispanic and Chinese American Chamber of Commerce, Inc., Natural Foods Supermarket, Inc., and Yolimex International Corp.,

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

Defendant-appellant, pro se, having moved to stayenforcement of the order of the Supreme Court, New York County,entered on or about November 21, 2016, pending hearing anddetermination of the appeal taken therefrom,



ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Justice Presiding, Rosalyn H. Richter Richard T. Andrias Marcy L. Kahn Ellen Gesmer, Justices.


Respondent,

-against- M-981Ind. Nos. 3571/12

Tyrone Adams, 3299/15Defendant-Appellant.

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

Defendant having moved for an enlargement of time in whichto file a notice of appeal from judgments of the Supreme Court,Bronx County, rendered on or about December 3, 2015 and July 13,2016, for leave to prosecute the appeal as a poor person upon theoriginal record and a reproduced appellant's brief, and forrelated relief,


It is ordered that the motion is granted to the extent ofdeeming the moving papers a timely filed notice of appeal andpermitting the appeal to be heard on the original records, exceptthat a certified copy of the indictment(s) shall be substitutedin place of the original indictment(s), and upon a reproducedappellant's brief, on condition that appellant serves one copy ofsuch brief upon the District Attorney of said county and files 8copies of such brief, together with the original record, pursuantto Rule 600.11 of the Rules of this Court.


(M-981) -2- April 25, 2017


ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Justice Presiding, Rosalyn H. Richter Richard T. Andrias Marcy L. Kahn Ellen Gesmer, Justices.


Respondent,

-against- M-1021Ind. No. 5554N/14

Jose Guzman,Defendant-Appellant.

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

Defendant having moved for an enlargement of time in whichto file a notice of appeal from a judgment of the Supreme Court,New York County, rendered on or about October 14, 2015, for leaveto prosecute the appeal as a poor person upon the original recordand a reproduced appellant's brief, and for related relief,


It is ordered that the motion is granted to the extent ofdeeming the notice of appeal as timely filed and permitting theappeal to be heard on the original record, except that acertified copy of the indictment(s) shall be substituted in placeof the original indictment(s), and upon a reproduced appellant'sbrief, on condition that appellant serves one copy of such briefupon the District Attorney of said county and files 8 copies ofsuch brief, together with the original record, pursuant to Rule600.11 of the Rules of this Court.


(M-1021) -2- April 25, 2017


ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Barbara R. Kapnick Troy K. Webber, Justices.


Respondent,

-against- M-1402 Ind. No. 1286/15

Valerie Martinez,Defendant-Appellant.

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

Defendant having moved for an enlargement of time in whichto file a notice of appeal from a judgment of resentence of theSupreme Court, New York County, rendered on or about July 19,2016, and to amend the order of assignmentissue4d by this Court(M-6471), which was entered on February 14, 2017, to include theaforesaid judgment of resentence,


It is ordered that the motion is granted to the extent of deeming the moving papers a timely filed notice of appeal andamending the order of this Court (M-6471), entered on February14, 2017, to include the aforesaid judgment of resentence.

ENTERED:

_____________________ CLERK



-----------------------------------XFeival Funding Associates,


-against- M-1093Index No. 21911/12E

Zhanna Bender,Defendant-Appellant.

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

Defendant-appellant having moved for an enlargement of timeto perfect the appeal taken from an order of the Supreme Court,Bronx County, entered on or about March 10, 2016,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the September 2017Term.

ENTERED:

_____________________ CLERK



-----------------------------------XJin Jong Kim,



Chikin Time, Inc., doing business as Yakidori Totto Restaurant,

Defendant-Appellant,

Japas Enterprises, Inc.,Defendant.

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

Defendant-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 11, 2016,



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 April 25, 2017.


---------------------------------------XCharles Cusumano and Christine Soares,



Chicago Title Insurance Company,Defendant-Respondent.

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

Plaintiffs-appellants having moved for an enlargement oftime to perfect the appeal from the order of the Supreme Court,New York County, entered on or about May 18, 2016,



ENTERED:

_____________________ CLERK



-----------------------------------XFranklin Molina,



West 149 Street Apartments, L.P.,West 149th Street GP Inc., andA. Aleem Construction Inc.,

Defendants-Appellants,

-and-

Radiant Plumbing & Heating Corp.,Defendant-Respondent.

-----------------------------------XWest 149 Street Apartments, L.P.,and A. Aleem Construction Inc., Third-Party

Third-Party Plaintiffs, Index No. 590052/12

-against-

J&M Construction of NY Corp.,Third-Party Defendant.

-----------------------------------XWest 149 Street Apartments, L.P.,and A. Aleem Construction Inc.,

Second Third-Party Plaintiffs, Second Third-Party

-against- Index No. 590230/12

Radiant Plumbing & Heating Corp.,Second Third-Party Defendant.

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

(M-1298) -2- April 25, 2017

-----------------------------------XRadiant Plumbing & Heating Corp.,

Third Third-Party Plaintiff,

-against-

Wojtyla Restoration Corp.,Third Third-Party Defendant.

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

Defendants-appellants West 149 Street Apartments, L.P., andA. Aleem Construction Inc. having moved for an order enlargingthe time in which to perfect the appeals from an order of theSupreme Court, New York County, entered on or about October 15,2015, and from an order of the same Court and Justice, entered onor about October 18, 2016, respectively,


It is ordered that the motion is granted to the extent ofenlarging the time in which to perfect the appeals, which are,sua sponte, consolidated, to the September 2017 Term. Appellantsare permitted to prosecute the appeals upon ten copies of onerecord and one copy of appellants' points covering the aforesaidappeals.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Justice Presiding, Angela M. Mazzarelli Sallie Manzanet-Daniels Troy K. Webber, Justices.

-----------------------------------------XIn the Matter of the Application ofMurray Energy Corporation, Petitioner-Respondent,

SEALEDFor an Order Pursuant to Section 3102(c) of the Civil Practice Law and Rules to M-1735Compel Pre-Action Disclosure from: Index No. 157797/16

Reorg Research, Inc., Respondent-Appellant,

of the Identities of the DefendantsJOHN DOES 1-10, being unknown toPetitioner, in an Action to beCommenced.-----------------------------------------X

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about December 15, 2016,and said appeal having been perfected,

And Bloomberg L.P., Dow Jones & Company, Inc., The EconomistNewspaper Limited, Euromoney Institutional Investor PLC, TheFinancial Times Ltd., Intelligence Press, Inc. Politico LLC,Providence Publications, LLC, Reuters America LLC and SportingGoods Intelligence, Inc. having moved for leave to file a briefamicus curiae in connection with the aforesaid appeal,


(M-1735) -2- April 25, 2017

It is ordered that the motion is granted to the extent ofdirecting movants to file 9 copies of their amicus brief withinseven days of this order. The unreported decision Citicorp vInterbank Card Ass'n, 5 Media L. Rptr. 1429 (SDNY) 1978)submitted with the moving papers herein and cited in the amicusbrief is deemed filed.

ENTERED:

_____________________ CLERK



-------------------------------------XPatrick Young and Sarah Dentel,



New York Life Insurance Company,Defendant-Respondent.

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

Plaintiffs-appellants having moved for a stay of enforcementof the order of the Supreme Court, New York County, entered on orabout February 21, 2017 pending hearing and determination of theappeal taken therefrom,


It is ordered that the motion is granted and the interimrelief granted by an order of a Justice of this Court, dated March 13, 2017, is hereby continued on condition that the appealis perfected for the September 2017 Term.

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Justice Presiding, Dianne T. Renwick Angela M. Mazzarelli Judith J. Gische Ellen Gesmer, Justices.

---------------------------------------XIn the Matter of ACTION NO. 1 Sean M., CONFIDENTIALA Child Under 18 Years of Age Alleged to be Abused and/or Neglected Under Docket No. N-31309/15Article 10 of the Family Court Act. - - - - - - - - - - - - - - - - M-1621Commissioner for the Administration M-1624for Children’s Services, Petitioner-Respondent,

Yanny M., Respondent-Appellant. - - - - - - - - - - - - - - - -Seymour W. James, Jr., Esq., The Legal Aid Society, Juvenile Rights Division,

Attorney for the Child. - - - - - - - - - - - - - - - -National Association of Criminal Defense Lawyers and New York StateAssociation of Criminal Defense Lawyers,

Amici Curiae.-----------------------------------------XIn the Matter of Tameya H., and ACTION NO. 2 Damiya K., CONFIDENTIALChildren Under 18 Years of Age Alleged to be Abused and/or Neglected Under Docket Nos. NN-22366/15Article 10 of the Family Court Act. NN-22365/15

(M-1621/M-1624) -2- April 25, 2017

- - - - - - - - - - - - - - - - Commissioner for the Administrationfor Children’s Services, Petitioner-Respondent,

Justine D., Respondent-Appellant. - - - - - - - - - - - - - - - -Seymour W. James, Jr., Esq., The Legal Aid Society, Juvenile Rights Division, Attorney for the Children. - - - - - - - - - - - - - - - -National Association of Criminal Defense Lawyers and New York StateAssociation of Criminal Defense Lawyers,

Amici Curiae.---------------------------------------X

An appeal having been taken (Action No. 1) from an order ofthe Family Court, Bronx County, entered on or about October 3,2016; and an appeal having been taken (Action No. 2) from anorder of said Family Court entered on or about July 22, 2016, andsaid appeals having been perfected,

And, the National Association of Criminal Defense Lawyersand the New York State Association of Criminal Defense Lawyershaving moved, by separate motions, for leave to appear as amicicuriae in support of the appeal by respondent Yanni M. in ActionNo. 1 and respondent Justine D., in Action No. 2 (M-1621/M-1624),


It is ordered that the motion is granted. Movants aredirected to file 9 copies of its amici curiae briefs with theClerk of this Court within seven days of this Court’s order.

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Justice Presiding, Dianne T. Renwick Angela M. Mazzarelli Judith J. Gische Ellen Gesmer, Justices.

---------------------------------------XIn the Matter of ACTION NO. 1 Sean M., CONFIDENTIALA Child Under 18 Years of Age Alleged to be Abused and/or Neglected Under Docket No. N-31309/15Article 10 of the Family Court Act. - - - - - - - - - - - - - - - - M-1883Commissioner for the Administration M-1884for Children’s Services, Petitioner-Respondent,

Yanny M., Respondent-Appellant. - - - - - - - - - - - - - - - -Seymour W. James, Jr., Esq., The Legal Aid Society, Juvenile Rights Division,

Attorney for the Child. - - - - - - - - - - - - - - - -New York Civil Liberties Union,

Amicus Curiae.-----------------------------------------XIn the Matter of Tameya H., and ACTION NO. 2 Damiya K., CONFIDENTIALChildren Under 18 Years of Age Alleged to be Abused and/or Neglected Under Docket Nos. NN-22366/15Article 10 of the Family Court Act. NN-22365/15

(M-1883/M-1884) -2- April 25, 2017

- - - - - - - - - - - - - - - - Commissioner for the Administrationfor Children’s Services, Petitioner-Respondent,

Justine D., Respondent-Appellant. - - - - - - - - - - - - - - - -Seymour W. James, Jr., Esq., The Legal Aid Society, Juvenile Rights Division, Attorney for the Children. - - - - - - - - - - - - - - - -New York Civil Liberties Union,

Amicus Curiae.---------------------------------------X

An appeal having been taken (Action No. 1) from an order ofthe Family Court, Bronx County, entered on or about October 3,2016; and an appeal having been taken (Action No. 2) from anorder of said Family Court entered on or about July 22, 2016, andsaid appeals having been perfected,

And, the New York Civil Liberties Union having moved, byseparate motions, for leave to appear as amicus curiae in supportof the appeal by respondent Yanni M. in Action No. 1 andrespondent Justine D., in Action No. 2 (M-1884/M-1884),


It is ordered that the motion is granted. Movant isdirected to file 9 copies of its amici curiae briefs with theClerk of this Court within seven days of this Court’s order.

ENTERED:

_____________________ CLERK


PRESENT - Hon. Dianne T. Renwick, Justice Presiding, Angela M. Mazzarelli Sallie Manzanet-Daniels Paul G. Feinman Troy K. Webber, Justices.

---------------------------------------XMichelle Money,

Plaintiff-Appellant,


VF Sportswear Inc.,Defendant-Respondent.

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

Defendant-respondent having moved to dismiss the appeal fromthe order of the Supreme Court, New York County, entered on orabout October 23, 2015,


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

ENTERED:

_____________________ CLERK



---------------------------------------XHelene Hines and George Hines,



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

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

Defendants-respondents having moved to dismiss the appealfrom the order of the Supreme Court, New York County, entered onor about March 25, 2016,



ENTERED:

_____________________ CLERK



---------------------------------------XCarla D’Andre,



Michael D. Shenkman,Defendant-Appellant.

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

Plaintiff-respondent having moved to dismiss the appeal fromthe order of the Supreme Court, New York County, entered on orabout April 8, 2016,



ENTERED:

_____________________ CLERK


PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Angela M. Mazzarelli Sallie Manzanet-Daniels Paul G. Feinman Troy K. Webber, Justices.


Respondent, M-1159


Herbert Fenn, Defendant-Appellant.

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal from an order of the Supreme Court, New YorkCounty, entered on or about July 22, 2016, for leave to have theappeal heard upon the original record and a reproducedappellant's brief, and for related relief,




(M-1159) -2- April 25, 2017


ENTERED:

_____________________ CLERK

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT yBEFORE: Hon. DAVID FRIEDMAN

Justice of the Appellate DivisionX

The People of the State of New York,Respondent,

M-1525Ind. No. 4011/13

-against- CERTIFICATEGRANTING LEAVE

Carl Testamark,Defendant-Appellant ,

X

I, DAVID FRIEDMAN, a Justice of the Appellate Division,First Judicial Department, do hereby certify that in theproceedings herein questions of law or fact are involved whichought to be reviewed by the Appellate Division, First JudicialDepartment, and, pursuant to Section 460.15 of the CriminalProcedure Law, permission is hereby granted to the above-nameddefendant to appeal to the Appellate Division, First JudicialDepartment, from the Order of the Supreme Court, New York County,entered on or about October 14, 2016.1

Dated: New York, New YorkApril 7, 2017

/?1TIGB APR % 5 2017 DAVID-FRIEDMANJustice of the Appellate Division

NOTICE: Within 15 days from the date hereon, an appeal must betaken, and this certificate must be filed with the notice ofappeal. An appeal is taken by filing, in the Clerk's office ofthe criminal court in which the order sought to be appealed wasrendered, a written notice in duplicate that appellant appeals tothe Appellate Division, First Judicial Department (Section460.10, subd. 4, CPL), together with proof that another copy ofthe notice of appeal has been served upon opposing-' counsel. Theappeal (or consolidated appeals; see footnote) must be arguedwithin 120 days from the date of the notice of appeal, unless thetime to perfect the appeal(s) is enlarged by the court or ajustice thereof.

1In the event defendant has an existing (direct) appeal froma judgment, such appeal shall be consolidated with the appealfrom the aforesaid order; and any poor person relief granted withrespect to the appeal from the judgment shall be extended tocover the appeals so consolidated.

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

BEFORE: Hon. Rolando T. AcostaJustice of the Appellate Division

•XThe People of the State of New York,

M - 336Ind. No. 6042/2007

-against- CERTIFICATEDENYING LEAVE

Anand Jon Alexander,

Defendant.■X

I, Rolando T. Acosta, 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, poor person relief and assignment of counsel, 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, New York, entered on or

about August 12, 2016, is hereby denied. Defendant's motion for

poor person's relief and assignment of counsel are also denied.

Hon. Rolando T. AcostaAssociate Justice

Dated: April 6, 2017New York, New York

APR % 5 2017ENTERED:

ySUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISLON : FIRST JUDICIAL DEPARTMENT


XThe People of the State of New York,

M - 1522Ind. No. 2736/2005


Kevin Davis,

Defendant ,

X

I, Rolando T. Acosta, a Justice of the Appellate Division,

First Judicial Department, do hereby certify that, upon


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, New

York, entered on or about January 30, 2017, is hereby denied.

Hon. Rolando T. AcostaAssociate Justice

April 6, 2017New York, New York

Dated:

APR 25 2017ENTERED:

7SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT



M-1397Ind. No. 5419/09

-against-

Robert Hall,

Defendant.X

The above-named defendant having moved for leave to appealto the Court of Appeals from the order of this Court enteredNovember 25, 2014, which denied defendant's application to file alate notice of appeal pursuant to Criminal Procedure Law, from ajudgment of Supreme Court, New York County, dated July 16, 2012,



Of?*Justice

April 5, 2017New York, New York

Dated:

APR 25 20!?ENTERED:

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

BEFORE: Hon. Dianne T. RenwickJustice of the Appellate Division


M-1320Ind. No. 3923/09


Aljulah Cutts,Defendant.

X

Hon. Dianne T. Renwick, a Justice of the AppellateI,

Division, First Judicial Department, do hereby certify that, upon


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, New

York County, entered on or about January 11, 2017 is hereby

denied. r>

Associate Justice

April 6 1 2017New York, New York

Dated:

ENTERED: APR 2 5 2017


Present - Hon. Rosalyn H. Richter, Justice Presiding, Richard T. Andrias Karla Moskowitz Paul G. Feinman Barbara R. Kapnick, Justices.

------------------------------------XR.S.,

Plaintiff-Respondent, CONFIDENTIAL


B.L.,Defendant-Appellant.

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

An appeal having been taken to this Court from a judgment of the Supreme Court, New York County, entered on orabout April 15, 2015, and said appeal having been perfected,

And, defendant-appellant having moved for an order (1)immediately appointing a guardian ad litem, pursuant to CPLR1202, to assist defendant-appellant on her appeal; (2) stayingappellant’s time to file a reply brief pending the appointment of a guardian ad litem or, in the alternative, to adjourn theaforesaid perfected appeal; and (3) directing that this motionproceeding, and all remaining submissions, remain confidentialwith disclosure limited to the parties and their counsel only,


It is ordered that the motion is denied, without prejudiceto further proceedings in Supreme Court (See CPLR 1202[a]).

ENTERED:

_____________________ CLERK


Present: Hon. David Friedman, Justice Presiding, Karla Moskowitz Sallie Manzanet-Daniels Barbara R. Kapnick Troy K. Webber, Justices.


Petitioner-Respondent, CONFIDENTIAL M-2030

-against- Bronx County Index No. 2013BX068001Frank B.,

Respondent-Appellant. - - - - - - - - - - - - - - - The Legal Aid Society,

Amicus Curiae.---------------------------------------X

An appeal having been taken to this Court by the above-named respondent-appellant from an order of the Supreme Court, BronxCounty, entered on or about August 30, 2016,

And, The Legal Aid Society, having moved for leave to file abrief amicus curiae in connection with the aforesaid appeal,


It is ordered that the motion is granted and the nine copiesof movant’s proposed amicus curiae brief submitted to this Courtare deemed filed.

ENTERED:

_____________________ CLERK

ENTERED - Judiciary of New York · 2017-04-24 · Troy K. Webber, Justices. -----X The People of the State of New ... term, continuing the previously granted stay of execution on

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