anil c. singh, - judiciary of new york c. singh peter h. moulton, justices.-----x the people of the...

At a Term of the Appellate Division of the Supreme

Court held in and for the First Judicial Department in

the County of New York on February 1, 2018.

Present - Hon. Sallie Manzanet-Daniels, Justice Presiding,

Judith J. Gische

Marcy L. Kahn

Anil C. Singh,

Justices.

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

The People of the State of New York, Respondent,

-against-

M-6080

Ind. No. 2764/14

Mekhi Muhammad, Defendant-Appellant.--------------------------------------X An order of this Court having been entered on November 10,

2016 (M-4118), inter alia, granting defendant's motion for leave

to prosecute, as a poor person, the appeal from a judgment of the

Supreme Court, Bronx County, rendered on or about May 26, 2016,

under Indictment No. 2764/14, and assigning counsel therefor,

And defendant-appellant having moved for an order amending

the notice of appeal and the aforementioned order of assignment

to include the judgment of resentence, same Court, rendered on or

about November 14, 2017, under Bronx Indictment No. 2764/14,

Now, upon reading and filing the papers with respect to the

motion, and due deliberation having been had thereon,

It is ordered that said motion is granted to the extent of

amending defendant's notice of appeal and this Court’s

November 10, 2016 order of assignment to reflect the judgment of

resentence of said Court under Bronx Ind No. 2764/14, rendered on

or about November 14, 2017, and extending the poor person relief

previously granted to cover same.

ENTERED:

_____________________ CLERK

At a Term of the Appellate Division of the Supreme

Court held in and for the First Judicial Department inthe County of New York on February 1, 2018.

Present - Hon. Judith J. Gische, Justice Presiding, Angela M. Mazzarelli Richard T. Andrias Cynthia S. Kern Anil C. Singh, Justices.

---------------------------------------xManuel P. Asensio,

Petitioner,

-against- M-5527Index No. 155833/17

Judge Adetokunbo Fasanya,Respondent.

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

Petitioner, pro se, having moved for a default judgment staying all proceedings and determinations by the respondentjurist in connection with certain matters before the FamilyCourt, New York County,

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.

ENTERED:

_____________________ CLERK

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 1, 2018.

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

------------------------------------XThe People of the State of New Yorkex rel. John Walden,

Petitioner,

-against- M-5716 Index. No. 100796/17

Ada Pressley, Warden, etc.,Respondent.

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

Petitioner having moved for an enlargement of time in whichto file a notice of appeal from an order of the Supreme Court,New York County, entered on or about July 10, 2017, 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 denied and the appeal isdismissed without prejudice to a timely appeal from the criminaljudgment of conviction. So much of the motion which seeks poorperson relief is denied as academic.

ENTERED:

_____________________ CLERK


Present - Hon. Angela M. Mazzarelli, Justice Presiding, Judith J. Gische Richard T. Andrias Cynthia S. Kern Anil C. Singh, Justices.

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

Respondent,

-against- M-5162Ind. No. 1971/15

Wilmer Cueva,Defendant-Appellant.

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

An appeal having been taken to this Court from the judgmentof the Supreme Court, New York County, rendered on or aboutDecember 15, 2016,

And defendant-appellant having moved, through retainedcounsel, for an enlargement of time to perfect the appeal pendingdisposition of a pending motion for assigned counsel to becompensated,


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. Peter Tom, Justice Presiding, Barbara R. Kapnick Troy K. Webber Jeffrey K. Oing, Justices. -------------------------------------XThe People of the State of New York,

-against- M-5718 Ind. No. 3168/14Reon Defour,

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

Defendant having moved for an enlargement of time to movefor leave to appeal from an order of the Supreme Court, New YorkCounty, entered on or about May 8, 2017, which denied his motionfor CPL 440 relief,



ENTERED:

_____________________ CLERK


Present - Hon. Peter Tom, Justice Presiding, Barbara R. Kapnick Troy K. Webber Jeffrey K. Oing, Justices.

-----------------------------------XDenise Swartz and Scott Bass, as theAdministrators of the Estate of Jenna Bass, deceased,

Plaintiffs-Respondents,


New York City Transit Authority andManhattan and Bronx SurfaceTransportation Operating Authority,

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

Defendants-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 September 27, 2016,



ENTERED:

_____________________ CLERK


Present - Hon. Peter Tom, Justice Presiding, Barbara R. Kapnick Troy K. Webber Jeffrey K. Oing, Justices. ---------------------------------------XIn the Matter of

Davion W., Khalil G., and Serenity W.,

Children Under 18 Years of Age Alleged CONFIDENTIALto be Neglected Under Article 10 of M-6150the Family Court Act. Docket Nos. - - - - - - - - - - - - - - - - NN-22188/15 Administration for Children’s Services, NN-09182/16 Petitioner-Respondent, NN-22187/15

Kester G., Respondent-Appellant,

Uniquequa W., Respondent.

- - - - - - - - - - - - - - - -Seymour W. James, Jr., Esq.,The Legal Aid Society,Juvenile Rights Division, Attorney for the Children.---------------------------------------X

An appeal having been taken from an order of the FamilyCourt, Bronx County, entered on or about September 7, 2016,

And, Randall S. Carmel, Esq., assigned counsel forrespondent-appellant, having moved to amend the order of thisCourt entered on May 11, 2017 (M-1953), to reflect the appeal to be from the order entered on or about February 27, 2017,


(M-6150) -2- February 1, 2018

It is ordered that the motion is denied. The purportedappeal taken from the order entered on September 7, 2016 isdismissed. Randall S. Carmel, Esq., is relieved as appellant’scounsel on the appeal.

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,M-6448

-against- Ind. No. 437/16

Reynaldo Rodriguez,

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

An order of the Supreme Court, Bronx County, having beenentered on September 8, 2017, inter alia, granting defendant poorperson relief with respect to the appeal taken from the judgment,of the Supreme Court, Bronx County, rendered on or aboutSeptember 8, 2017,

Now, upon reading and filing the order which granteddefendant poor person relief on appeal, and which directed trialcounsel to file a notice of appeal on defendant's behalf,

It is ordered that the appeal is permitted to be heard onthe original record, except that a certified copy of theindictment(s) shall be substituted in place of the originalindictment(s), and upon a reproduced appellant's brief, oncondition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files 8 copies of suchbrief, together with the original record, pursuant to Rule 600.11of 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-6448) -2- February 1, 2018

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. Rolando T. Acosta, Presiding Justice, David FriedmanJohn W. Sweeny, Jr.Dianne T. RenwickRosalyn H. Richter, Justices.

------------------------------------XCrystal Holland,

Plaintiff-Respondent,

-against- M-86XIndex No. 303231/11

1-27 East Fordham Road Associates,et al.,

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

Appeals having been taken from an order of the SupremeCourt, Bronx County, entered on or about October 18, 2017,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"January 11, 2018, and due deliberation having been had thereon,

It is ordered that the appeals are withdrawn in accordancewith the aforesaid stipulation.

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,

-against- M-87 Ind. No. 1294/15

Dubois Chambers,Defendannt-Appellant.

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

An appeal having been taken from a judgment of the SupremeCourt, New York County, rendered on or about December 15, 2015,

Now, upon reading and filing the stipulation of the partieshereto, dated December 28, 2016, and due deliberation having beenhad thereon,

It is ordered that the appeal is withdrawn in accordancewith the aforesaid stipulation.

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 Application ofBlack United Fund of New York, Inc.,

Petitioner,

Pursuant to Section 511 of the New M-6017York State Not-For-Profit Corporation Index No. 110537/05Law, for leave to convey the real estate Action No. 1located at 2261 Seventh Avenue (Block 1918,Lot 1), 2265 Seventh Avenue (Block 1918,Lot 3), 2267 Seventh Avenue (Block 1918,Lot 4), 2269 Seventh Avenue (Block 1918,Lot 63), and 2271-73 Seventh Avenue (Block 1918, Lot 63), New York, New York,a parcel of improved land.-------------------------------------------XBUFNY Houses Association, Willing WorkersBaptist Church, Atlanticrest, Inc.,

Plaintiffs-Appellants,

-against-Index No. 451498/15

Black United Fund of New York, Inc., BUFNY Action No. 2Houses Associates, LLC, 2273 Realty, LLC,Chicago Title Insurance Company and FirstAmerican Title,

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

Appeals having been taken from orders of the Supreme Court, New York County, entered on or about January 20, 2015 and October 31, 2016,

And, appellants having moved for leave to enlarge the timeto perfect the appeals,

(M-6017) -2- February 1, 2018

Now, upon reading and filing the correspondence from counselfor appellants, dated December 5, 2017, and due deliberationhaving been had thereon,

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

ENTERED:

_____________________ CLERK


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


Respondent,M-6097


Paloma Fernandez,


Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about March 15, 2014, for leaveto have the appeal heard upon the original record and areproduced appellant's brief, and for related relief,


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 8 copies of such brief, together with the original record, pursuantto Rule 600.11 of the Rules of this Court.


(M-6097) -2- February 1, 2018

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



------------------------------------XJohn J. McCabe, Plaintiff-Appellant,

M-6189 -against- Index No. 101565/15

Consulate General of Canada, Defendant-Respondent.------------------------------------X

Appeals having been taken from orders of the Supreme Court, New York County, entered on or about January 23, 2017 and October 10, 2017,

And plaintiff-appellant having moved for leave toconsolidate the aforesaid appeals, and enlarge the time to perfect same,

Now, upon reading and filing the papers with respect to themotion, and the affidavit of appellant, John J. McCabe, datedDecember 4, 2017, and due deliberation having been had thereon,

It is ordered that the motion is withdrawn in accordancewith the aforesaid affidavit.

ENTERED:

_____________________ CLERK




Respondent, M-6368


Michael Williams,


Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about August 17, 2017, for leaveto have the appeal heard upon the original record and areproduced appellant's brief, and for related relief,


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, 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-6368) -2- February 2, 2018

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




Respondent, M-6371


Richard Burrell,


Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about May 31, 2017, for leave tohave the appeal heard upon the original record and a reproducedappellant's brief, and for related relief,




(M-6371) -2- February 1, 2018


ENTERED:

_____________________ CLERK




Respondent, M-6370


Noel Morales,


Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about August 10, 2017, for leaveto have the appeal heard upon the original record and areproduced appellant's brief, and for related relief,




(M-6370) -2- February 1, 2018


ENTERED:

_____________________ CLERK




Respondent,M-6373


Marco Lugo,


Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,Bronx County, rendered on or about July 11, 2017, for leave tohave the appeal heard upon the original record and a reproducedappellant's brief, and for related relief,




(M-6373) -2- February 1, 2018

Christina Swarns, 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


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 Family Offense Proceeding Under Article 8 of the Family Court Act. CONFIDENTIAL - - - - - - - - - - - - - - M-6402Oscar H., Docket No. O-9571/17 Petitioner-Appellant,

-against-

Orlando H., Respondent-Respondent.-----------------------------------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 September 13, 2017,and for assignment of counsel, a free copy of the transcript, andfor related relief,

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

Ordered that the motion is granted to the extent of (l) 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, Tel. No. (212) 233-0318, 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 therefor;1

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

(M-6402) -2- February 1, 2018

within 30 days (FCS 1121[7]) of service of a copy of this orderupon the Clerk; (3) permitting appellant to dispense with any fee for the transfer of the record from the Family Court to thisCourt. The Clerk of the Family Court shall transfer the recordupon receipt of this order; and (4) appellant is directed toperfect this appeal, in compliance with Rule 600.11 of the Rulesof this Court, within 60 days of the receipt of the transcripts. Assigned counsel is directed to immediately serve a copy of thisorder upon the Clerk of the Family Court.

ENTERED:

_____________________ CLERK



------------------------------------XHector Delgado, Plaintiff-Respondent,

M-6495 -against- Index No. 300260/15

House of God, doing business asHouse of God Pentecostal Church,and Francisco Zeno, Defendants-Appellants.------------------------------------X

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about September 20, 2017,and said appeal having been perfected,

And defendants-appellants having moved to stay trial,pending hearing and determination of the appeal,

Now, upon reading and filing the correspondence submitted by counsel for defendants-appellants, dated December 20, 2017,stating the action has been settled,

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

ENTERED:

_____________________ CLERK




Respondent, M-6560


Derrick White,


Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about July 21, 2017, for leave tohave the appeal heard upon the original record and a reproducedappellant's brief, and for related relief,




(M-6560) -2- February 1, 2018


ENTERED:

_____________________ CLERK




Respondent,M-6643


Tracey Williams,


Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about January 9, 2017, for leaveto have the appeal heard upon the original record and areproduced appellant's brief, and for related relief,




(M-6643) -2- February 1, 2018

Christina Swarns, 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


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 of

Miss Folorunso Akpata,

Petitioner-Appellant, M-6254 M-6412For a Judgment Pursuant to Article 78 Index No. 100128/17of the Civil Practice Law and Rules,

-against-

The New York City Housing Authority-Wagner Houses,

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

An appeal having been taken from a judgment of the SupremeCourt, New York County, entered on or about August 29, 2017,

And, petitioner-appellant having moved for leave toprosecute the appeal as a poor person upon the original recordand upon a reproduced appellant's brief, and for other relief(M-6254),

And, respondent-respondent having cross-moved to dismiss the aforesaid appeal (M-6412),

Now, upon reading and filing the papers with respect to said motion and cross motion, and due deliberation having beenhad thereon,

(M-6254/M-6412) -2- February 1, 2018

It is ordered that respondent’s cross motion is granted andpetitioner’s appeal is dismissed (M-6412). Petitioner’s motionfor poor person relief is denied, as academic (M-6254).

ENTERED:

_____________________ CLERK


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


Respondent,M-6447


Darrely Slendge, also known as Darryl Sledge,


Assigned counsel for defendant-appellant having moved to berelieved as counsel and, to dismiss the appeal taken from ajudgment of the Supreme Court, Bronx County, rendered on or aboutJune 25, 2013,


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

ENTERED:

_____________________ CLERK


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

Plaintiff-Appellant-Respondent, M-6483

-against- M-6255 Index No. 158962/14

Land's End II A. Associates, et al.,Defendants-Respondents,

-and-

Vali Industries, Inc.,Defendant-Respondent-Appellant.

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

Defendant-respondent-appellant Vali Industries, Inc. havingmoved to dismiss the appeal taken from the order of the SupremeCourt, New York County, entered on or about February 10, 2017 (M-6483),

And plaintiff-appellant-respondent having moved for anenlargement of time to perfect its appeal (M-6255),

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

It is ordered that the motion to dismiss the appeal isgranted unless the appeal is perfected for the June 2018 Term (M-6483). The motion for an enlargement of time is granted to theextent of enlarging the time to perfect the appeal to the June2018 Term (M-6255).

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Presiding Justice, John W. Sweeny, Jr. Judith J. Gische

Richard T. Andrias Ellen Gesmer, Justices.

-------------------------------------XThe People of the State of New Yorkex rel. Robert Moore,

Petitioner, CONFIDENTIAL

M-5524 -against- B&C# 5411701275

NYSID# 05006169NAda Pressley, Warden, Docket No. 2017RI004529

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

The above-named petitioner having moved for, inter alia, a writ of habeas corpus to be issued from this Court, and forpoor person relief,

Now, upon reading and filing the papers with respect to the motion, including movant’s letter dated November 16, 2017 anddue deliberation having been had thereon,

It is ordered that movant’s habeas corpus petition seekingto challenge certain parole violation charges under Warrant No.784457 is deemed withdrawn; movant’s writ of habeas corpuspetition under Docket No. 2017RI004529 is denied withoutprejudice to a timely appeal from the criminal judgment ofconviction to the Supreme Court, Appellate Term, 2nd, 11th and 13th Judicial Districts; poor person relief is denied asacademic.

ENTERED:

_____________________ CLERK


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

Plaintiff-Respondent, M-6587


Boo Realty, LLC and Jo Lu Properties,Corp.,

Defendants-Appellants. ---------------------------------------x

An appeal having been taken from an order of the SupremeCourt, Bronx County, entered on or about January 9, 2017, andsaid appeal having been perfected,

And defendants-appellants having moved to strikerespondent’s brief and for an extension of time to file theirreply brief (M-6587),

And plaintiff-respondent having cross-moved to strikedefendants-appellants’ brief, for leave to enlarge the record onappeal to include a certain deposition transcript and forsanctions against defendants (M-6754),

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

It is ordered that the motion to strike respondent’s briefis granted to the extent of deeming struck those portions of saidbrief related to the August 11, 2017 deposition (Resp. Br. pp. 2-3, fn.2 and p. 11, fn.4) and adjourning the appeal to the April2018 Term (M-6587). Appellants are directed to file a replybrief by March 9, 2018 for said April 2018 Term. The cross-motion is denied in its entirety (M-6754).

ENTERED:

_____________________ CLERK


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

----------------------------------------XConstantine S.,

Plaintiff-Respondent, CONFIDENTIAL M-6012

-against- Index No. 302534/08

Alina Dulimof S.,Defendant-Appellant.

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

Defendant-appellant having moved for leave to prosecute, asa poor person, the appeal taken from an order of the SupremeCourt, New York County, entered on or about October 27, 2017, andfor leave to have the appeal heard on the original record andupon a reproduced defendant-appellant's brief, and for otherrelief,

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

It is ordered that said motion is granted to the extent ofpermitting the appeal to be heard on the original record and upona reproduced defendant- appellant's brief, on condition thatdefendant-appellant serve one copy of such brief upon theattorney for plaintiff-respondent and file 8 copies of suchbrief, together with the original record, pursuant to Rule 600.11of the Rules of this Court. Defendant-appellant is permitted todispense with payment of the required fee for the subpoena andfiling of the record.

ENTERED:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Judith J. Gische Angela M. Mazzarelli Cynthia S. Kern Anil C. Singh, Justices. -----------------------------------XIn the Matter of a Family OffenseProceeding Under Article 8 of theFamily Court Act. - - - - - - - - - - - - - - CONFIDENTIALHumberto G., Jr., M-5620

Petitioner-Appellant, Docket No. O-9706/17

-against-

Maria B., Respondent-Respondent.- - - - - - - - - - - - - -

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

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

Petitioner-appellant having moved by amended motion towithdraw the appeal taken from an order of the Family Court, NewYork County, entered on or about May 31, 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 of deemingthe appeal withdrawn.

ENTERED:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Judith J. Gische Angela M. Mazzarelli Cynthia S. Kern Anil C. Singh, Justices.

-----------------------------------XJose Lobo,

Plaintiff-Appellant,


Gatehouse Partners, LLC,Defendant-Respondent.

-----------------------------------XGatehouse Partners, LLC, Third-Party Plaintiff,

-against-

V&Y Construction, LLC andAnatoliy Kovalskyy, Third-Party Defendants.-----------------------------------X

Plaintiff-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 February 23, 2017,


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. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels Troy K. Webber Marcy L. Kahn Peter H. Moulton, Justices.

-----------------------------------XOrly Genger, in her individualcapacity and on behalf of theOrly Genger 1993 Trust (both in itsindividual capacity and on behalfof D & K Limited Partnership), M-25

Plaintiff-Appellant, Index No. 109749/09

-against-

Dalia Genger, 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 March 17, 2017,


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

ENTERED:

_____________________ CLERK


Present - Hon. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels Troy K. Webber Marcy L. Kahn Peter H. Moulton, Justices.

---------------------------------------xThe Carlyle, LLC,



Quick Park 1633 Garage LLC, et al.,

Defendants-Appellants. ---------------------------------------x

An appeal having been taken to this Court from the order ofthe Supreme Court, New York County, entered on or about December 19, 2016, and said appeal having been perfected,

And plaintiff-respondent having moved for leave to file asupplemental record on the aforesaid perfected appeal,


It is ordered that the motion is granted to the extent ofdirecting movant to file a supplemental record on appealconsisting of a copy of this order, and a copy of the transcriptsof proceedings on May 4, 2016, as enumerated in Exhibit A, withinseven days of the date of entry hereof.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Angela M. Mazzarelli Richard T. Andrias, Justices.

-----------------------------------XLynn D. Salvage, also known asLynn Salvage, et al.,

Plaintiffs-Appellants,


JPMorgan Chase,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 March 10, 2017,



ENTERED:

_____________________ CLERK



------------------------------------xBernard Glatzer,

Plaintiff, M-6502


Michael F. Hanley, et al.,Defendants.

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

Plaintiff having moved, pursuant to CPLR 5704(a), forcertain relief denied by a Justice of the Supreme Court, BronxCounty, on or about May 17, 2017,



ENTERED:

_____________________ CLERK



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



Pedro Mateo and SDQ RealtyCorporation,

Defendants-Appellant,

City of New York EnvironmentalControl Bureau, et al.,

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

An appeal having been taken from an amended judgment offoreclosure and sale of the Supreme Court, Bronx County, enteredon or about August 31, 2017,

And defendants-appellants having moved for a stay of theforeclosure sale pending hearing and determination of theaforesaid appeal,


It is ordered that the motion is granted. ENTERED:

_____________________ CLERK



-----------------------------------XBarrett Japaning Inc.,



Anna Bialobroda,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 January 12, 2017,



ENTERED:

_____________________ CLERK



-----------------------------------XIn the Matter of a Proceeding for Support Under Article 7 of the Family Court Act

- - - - - CONFIDENTIALMark G., M-6653

Petitioner-Appellant, Docket No. F-44794-14/17C

-against-

Mildred G.,Respondent-Respondent.

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

Petitioner-appellant, pro se, having moved for leave toprosecute, as a poor person, the appeal taken from an order ofthe Family Court, New York County, entered on or about September 15, 2017, and for leave to have the appeal heard on theoriginal record and upon a reproduced appellant's brief, and forother relief,


It is ordered that said 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 attorney for respondentand files 8 copies of such brief, together with the originalrecord, pursuant to Rule 600.11 of the Rules of this Court. Appellant is permitted to dispense with payment of the requiredfee for the subpoena and filing of the record. The Clerk of Family Court, New York County, is directed to have transcribedthe minutes of the proceedings held therein, if any, for

(M-6653)

-2- February 1, 2018

inclusion in the record on appeal, with a copy to appellant, the

cost thereof to be charged against the City of New York from

funds available therefor and any other fees in connection

therewith.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Rosalyn H. Richter Angela M. Mazzarelli Richard T. Andrias, Justices. ----------------------------------------XCarole Marko,


-against- M-6677 Index No. 155609/15

Steven R. Korf, et al.,Respondents-Respondents.

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

Plaintiff-appellant, pro se, having moved for leave toprosecute, as a poor person, the taken appeal from an order ofthe Supreme Court, New York County, entered on or about October 18, 2017, and for leave to have the appeal heard on theoriginal record and upon a reproduced appellant's brief, and forother relief,


It is ordered that said 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 appellant serveone copy of such brief upon the attorney for respondent and files8 copies of such brief, together with the original record,pursuant to Rule 600.11 of the Rules of this Court. Appellant ispermitted to dispense with payment of the required fee for thesubpoena and filing of the record. The Clerk of Supreme Court, New York County, is directed to have transcribed the minutes ofthe proceedings held therein, if any, for inclusion in the recordon appeal, with a copy to appellant's counsel, the cost thereofto be charged against the City of New York from funds availabletherefor and any other fees in connection therewith.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Peter Tom Ellen Gesmer Jeffrey K. Oing, Justices.


Respondent,


Cesar Pimentel,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 February 7, 2017, 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 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-6645) -2- February 1, 2018


ENTERED:

_____________________ CLERK


Present: Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Judith J. Gische Marcy L. Kahn Anil C. Singh, Justices.

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

Natalia N.R.,Nitthanean,

CONFIDENTIALChildren Under 18 Years of Age Alleged M-6074to be Neglected Under Article 10 of Docket Nos. NN-30545-46/13the Family Court Act. P-45113-14/15 - - - - - - - - - - - - - - - V-38452-53/15Administration for Children’s Services, A-37368-9/15 Petitioner-Respondent,

Antwain D., Petitioner-Appellant,

Joy R., (Deceased), Respondent. - - - - - - - - - - - - - - -Seymour W. James, Jr., Esq., The Legal Aid Society, Juvenile Rights Division, Attorney for the Child.--------------------------------------X

Appeals having been taken to this Court by petitioner-appellant Antwain D., for leave to consolidate the appeals takenfrom orders of the Supreme Court New York County, rendered on orabout July 6, 2016 (Docket Nos. A37368-9/15, V38452-53/15) andJanuary 7, 2016 (Docket Nos. N30545-46/13, P45113-14/15, V38452-53/15), respectively,

And petitioner-appellant having moved for consolidation ofthe aforesaid appeals,


It is ordered that the motion is granted to the extent ofpermitting petitioner-appellant to prosecute the consolidated

(M-6074) -2- February 1, 2018

appeals upon 9 copies of one record and one set of petitioner-appellant’s points covering the consolidated appeals. Theattention of the parties is directed to 22 NYCRR § 600.11,

It is ordered that the time to perfect the consolidatedappeals is enlarged to the May 2018 Term; petitioner-appellant isdirected to perfect the consolidated appeals on a single briefand record.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Judith J. Gische Marcy L. Kahn Anil C. Singh, Justices.--------------------------------------XThe People of the State of New York,

Respondent,

-against- M-6037 Ind. Nos. 607/16

Infa Salim, 3302/16 Defendant-Appellant.

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

An order of this Court having been entered on October 26,2017 (M-5108), inter alia, granting defendant's motion for leaveto prosecute, as a poor person, the appeal taken from a judgmentof the Supreme Court, New York County, rendered on or aboutNovember 16, 2016, under Indictment No. 607/16, and assigningcounsel therefor,

And defendant-appellant having moved for an order amendingthe notice of appeal and the aforementioned order of assignmentto include the appeal from the judgment, same Court, alsorendered on or about November 16, 2016, under Indictment No.3302/16 and for an extension of time to file an untimely noticeof appeal from said judgment,


It is ordered that the motion is granted to the extent ofdeeming the moving papers a timely filed notice of appeal,amending defendant's notice of appeal and the aforementionedorder of assignment to include Indictment No. 3302/16, andextending the poor person relief previously granted to coversame.

ENTERED:

_____________________ CLERK

ORDER CORRECTED: APRIL 18, 2018


Justice Presiding,Hon. Dianne T. Renwick,Sallie Manzanet-DanielsRichard T. AndriasCynthia S. KernJeffrey K. Oing,

Present

Justices.

xThe People of the State of New York,

Respondent,


Najaleck Walker,

Defendant-Appellant.x

Defendant-appellant having moved, through assigned counsel,for an extension of time to file an untimely notice of appealfrom the judgment of resentence, Supreme Court, New York County,rendered on or about February 10, 2017, and to amend the orderof assignment, entered on April 20, 2017 (M-1654) which granteddefendant leave to prosecute, as a poor person, the appeal fromthe judgment of the Supreme Court, New York County, rendered onor about October 6, 2016, and assigned Seymour W. James, Jr.,Esq., as defendant's counsel,


It is ordered that the motion is granted to the extent ofdeeming the moving papers a timely filed notice of appeal fromthe judgment of resentence, rendered on or about February 10,2017, and amending the April 20, 2017 order of assignment toinclude the appeal from said judgment of resentence.

ENTERED:

CLERK V


Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Richard T. Andrias Cynthia S. Kern Jeffrey K. Oing, Justices.

---------------------------------------xOfer A.,

Plaintiff-Appellant, CONFIDENTIAL M-4688


Aya A.,Defendant-Respondent. - - - - - - - - - - - - -

Ofer A.,Plaintiff-Appellant,


Aya A.,Defendant-Respondent.

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

Separate appeals having been taken to this Court from ordersof the Supreme Court, New York County, both entered on or aboutNovember 21, 2016,

And plaintiff-appellant having moved for an enlargement oftime to perfect the appeal from the order entered on or aboutNovember 21, 2016 under Index No. 308344/15, and for anenlargement of time to perfect said appeal,


It is ordered that the motion is granted to the extent ofdeeming the appeal from the order entered on or about November 22, 2016 under Index No. 350265/01 withdrawn, and the

(M-4688) -2- February 1, 2018

time to perfect the appeal from the appeal under Index No.308344/15 is enlarged to the May 2018 Term; the record on appealof the underlying order is enlarged to include on Index No.308344/15 the order under Index No. 350265/01, and all recorddocuments underlying that order.

ENTERED:

_____________________ CLERK

\1

SUPREME 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

January 5, 2018New York, New York

Dated:

BIERED 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


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.

!§sociate Jusjÿ€eJanuary 3, 2018New York, New York

Dated:

JAN 2 5 2018ENTERED:

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

Hon. Rolando T. AcostaPresiding Justice

BEFORE:


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.


Justice Presiding,Present Hon. John W. Sweeny, Jr.,Rosalyn H. RichterRichard T. AndriasMarcy L. Kahn, Justices.

xMark Robert Gordon,



ROL Realty Company, et al,,

Defendants-Respondents.x

Plaintiff-appellant having moved for an enlargement of timeto file a motion for reargument of the decision and order of thisCourt, entered on May 11, 2017 (Appeal No. 3961-3962),


It is ordered that the motion is granted, and plaintiff-appellant is permitted to file the motion for reargument no laterthan thirty days from the date of entry of this order, with nofurther enlargements to be granted.

ENTERED:

—}CLERK V

anil c. singh, - judiciary of new york c. singh peter h. moulton, justices.-----x the people of the...

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