at a term of the appellate division of the supreme court ...€¦ · natalie krodel,...
TRANSCRIPT
At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding,Marcy L. KahnEllen GesmerCynthia S. KernPeter H. Moulton, Justices.
-----------------------------------XNatalie Krodel,
Petitioner-Respondent,
-against- M-3965Index No. 152176/14
Amalgamated Dwellings, Inc.,Respondent-Appellant,
Abraham Bragin, et al.,Respondents.
-----------------------------------X
Respondent-appellant having moved for an enlargement of timeto perfect the appeal from an order of the Supreme Court, NewYork County, entered on or about September 25, 2015,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
---------------------------------------X
The People of the State of New York,Respondent,
-against- M-4021 Ind. No. 1496/11
Jeramie Rodriguez,Defendant-Appellant.
---------------------------------------X
Defendant-appellant having moved for an enlargement of timein which to perfect the appeal from a judgment of the SupremeCourt, Bronx County, rendered on or about May 27, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time in which to perfect the appeal to the January2018 Term.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding,Marcy L. KahnEllen GesmerCynthia S. KernPeter H. Moulton, Justices.
-------------------------------------XHector Polanco,
Plaintiff-Respondent-Appellant,
-against- M-3079Index No. 303568/11
Bronx 360 Realty LLC, et al.,Defendants-Respondents,
Uplift Elevator Corp.,Defendant-Appellant-Respondent.
-------------------------------------X
Defendant-appellant-respondent having moved for anenlargement of time to perfect the appeal and cross appeal froman order of the Supreme Court, Bronx County, entered on or aboutNovember 27, 2015,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal and cross appeal to theJanuary 2018 Term.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern, Justices. ---------------------------------------xBoard of Directors of Windsor OwnersCorp.,
Plaintiff-Respondent,
-against- M-3847Index No. 155985/14
Elaine Platt,
Defendant-Appellant. ---------------------------------------x
An appeal having been taken to this Court from the order ofthe Supreme Court, New York County, entered on or about June 9,2017, and said appeal having been perfected,
And plaintiff-respondent having moved for an enlargement oftime to submit its respondent’s brief, with leave to seek furtherextensions until determination of other pending motions,
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 ofadjourning the appeal to the January 2018 Term.
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 September 5, 2017.
Present: Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices,
---------------------------------------XJohn Del Monaco, etc., et al.,
Petitioners-Respondents,
-against- M-2957Index No. 652966/15
Warren Diamond,Respondent-Appellant.
---------------------------------------X
An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about May 25, 2017,
And respondent-appellant having moved for a stay ofenforcement of said order,
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
-----------------------------------XAlan Wattenmaker,
Plaintiff-Appellant,
-against- M-3619Index No. 102877/12
Ayaya, Inc., et al.,Defendants-Respondents.
-----------------------------------X
Plaintiff-appellant having moved for an enlargement of time to perfect the appeal taken from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about September 14, 2016, and to stay enforcement of saidorder and judgment (one paper) pending hearing and determinationof the 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 ofenlarging the time to perfect the appeal to the January 2018Term, with leave to seek further enlargements, if necessary. That branch of the motion which seeks to stay enforcement of thejudgment due to a bankruptcy proceeding and stay is granted, andthe parties are directed to notify the Clerk of this Court whensuch bankruptcy stay is lifted.
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 September 5, 2017.
Present: Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices,
---------------------------------------XHeather James, LLC, et al.,
Plaintiffs-Respondents,
-against- M-3405Index No. 651226/14
Day & Meyer, Murray & Young Corp.,Defendant-Appellant.
---------------------------------------X
An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about March 8, 2017, andfrom a so-ordered transcript, same Court and Justice, entered onor about March 15, 2017,
And defendant-appellant having moved to stay trial pendingthe hearing and determination of the 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.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
-----------------------------------XGlobal Liberty Insurance Co.,
Plaintiff-Appellant,
-against- M-3516 Index No. 20963/17E
Sarah Pierre, et al.,Defendants-Respondents.
-----------------------------------X
Plaintiff-appellant having moved for consolidation of theappeals taken from two orders of the Supreme Court, Bronx County,both entered on or about May 5, 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 ofpermitting appellant to prosecute the consolidated appeals upon 9copies of one record and one set of appellant's points coveringthe consolidated appeals. The attention of the parties isdirected to 22 NYCRR § 600.11.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
-----------------------------------XIntrepid Investments, LLC,,
Plaintiff-Appellant,
NA Technology Support, LLC,Plaintiff,
-against- M-3610 Index Nos. 654309/13
Selling Source, LLC, 650705/14Defendant-Respondent,
Clickgen, LLC, et al.,Defendants.
- - - - -Intrepid Investments, LLC,
Petitioner-Appellant,
-against-
Selling Source, LLC,Respondent-Respondent.
-----------------------------------X
Plaintiff-appellant having moved for an enlargement of time to perfect the consolidated appeals from the orders of theSupreme Court, New York County, entered on or about February 19,2015, April 13, 2015 and September 10, 2015 (Index No. 654309/13)and from the order and judgment (one paper) of said Court enteredon or about April 13, 2015 (Index No. 650705/14),
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
(M-3610) -2- September 5, 2017
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the consolidated appeals to theJanuary 2018 Term, with no further enlargements to be granted.
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 September 5, 2017.
Present: Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
-----------------------------------XPhilip A. H.,
Plaintiff-Respondent,CONFIDENTIAL
-against- M-3622Index 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 for an expeditedperfection schedule and special preference in the hearing of the 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.
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 September 5, 2017.
Present - Hon. Marcy L. Kahn, Justice Presiding,Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
-----------------------------------XAndrew Targum, etc., et al.,
Plaintiffs-Appellants,
-against- M-3380Index No. 650665/14
Citron Cooperman & Company, LLP,etc., et al.,
Defendants-Respondents.- - - - -
[And a Third Party Action]-----------------------------------X
Plaintiffs-appellants having moved for an enlargement oftime to perfect the appeal from an order of the Supreme Court,New York County, entered on or about August 25, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Marcy L. Kahn, Justice Presiding,Ellen Gesmer Cynthia S. KernPeter H. Moulton, Justices.
--------------------------------------XU.S. Bank National Association, etc.,
Plaintiff-Appellant,
-against- M-3392Index No. 651282/12
UBS Real Estate Securities Inc.,
Defendant-Respondent.--------------------------------------X
Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal from an order of the Supreme Court, NewYork County, entered on or about July 28, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the June 2018 Term.
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 September 5, 2017.
Present - Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr., Justices.
------------------------------------XThe People of the State of New York,
Respondent,M-3790
-against- Ind. Nos. 671/15 2410/11
Nelson Ferrer,
Defendant-Appellant.------------------------------------X
Defendant having moved for leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, BronxCounty, rendered on or about June 13, 2016, for leave to have theappeal heard upon the original record and a reproducedappellant's brief, 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-3790) -2- September 5, 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
At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on September 5, 2017.
Present - Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr. Dianne T. Renwick, Justices.
------------------------------------XThe People of the State of New York,
Respondent, M-4074
-against- Ind. No.2252/15
Terrence Wharton,
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 February 28, 2017, for leave to havethe appeal heard upon the original record and a reproducedappellant's brief, 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, 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-4074) -2- September 5, 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
At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on September 5, 2017.
Present - Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr. Dianne T. Renwick, Justices.
------------------------------------XThe People of the State of New York,
Respondent, M-4120
-against- Ind. No. 3975/14
Bryan Rogers,
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 January 4, 2017, for leave to havethe appeal heard upon the original record and a reproducedappellant's brief, 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-4120) -2- September 5, 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
At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on September 5, 2017.
Present - Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr. Dianne T. Renwick, Justices.
------------------------------------XThe People of the State of New York,
Respondent,M-2999
-against- Ind. No. 2637/16
Aldrick Neysmith, 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 March 30, 2017, for leave to havethe appeal heard upon the original record and a reproducedappellant's brief, 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, 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-2999) -2- September 5, 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
At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on September 5, 2017.
Present - Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr., Justices.
------------------------------------XThe People of the State of New York,
Respondent, M-4263
-against- Ind. No. 3674/15
Steven Baylor,
Defendant-Appellant.------------------------------------X
Defendant having moved for leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, BronxCounty, rendered on or about June 19, 2017, for leave to have theappeal heard upon the original record and a reproducedappellant's brief, 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, 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-4263) -2- September 5, 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
At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on September 5, 2017.
Present - Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr. Dianne T. Renwick, Justices.
------------------------------------XThe People of the State of New York,
Respondent,M-3870
-against- Ind. No. 2164/15
Isaac Dixon, 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 15, 2017, for leave to have theappeal heard upon the original record and a reproducedappellant's brief, 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-3870) -2- September 5, 2017
Robert S. Dean, Esq., Center for Appellate Litigation, 120Wall Street, 28th Floor, New York, New York 10006, Telephone No.212-577-2523, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shallperfect this appeal is hereby enlarged until 120 days from thedate of filing of the record.
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 September 5, 2017.
Present - Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr., Justices.
------------------------------------XThe People of the State of New York,
Respondent, M-2596
-against- Ind. No. 1938/16
Hector Galvan, Defendant-Appellant.
------------------------------------X
Defendant having moved for leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, BronxCounty, rendered on or about April 12, 2017, for leave to havethe appeal heard upon the original record and a reproducedappellant's brief, 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, 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-2596) -2- September 5, 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
At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on September 5, 2017.
Present - Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr., Justices.
------------------------------------XThe People of the State of New York,
Respondent, M-2597
-against- Ind. No. 2961/14
Hector Galvan, Defendant-Appellant.
------------------------------------X
Defendant having moved for leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, BronxCounty, rendered on or about April 12, 2017, for leave to havethe appeal heard upon the original record and a reproducedappellant's brief, 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, 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-2597) -2- September 5, 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
At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on September 5, 2017.
Present: Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr. Dianne T. Renwick, Justices.
---------------------------------------XIn the Matter of a Proceeding for Custody and/or Visitation Under Article 6 of the Family Court Act.
- - - - - - - - - - - - - CONFIDENTIAL Derick B., Sr., M-4443
Petitioner-Respondent,
Catherine L. W.,Respondent-Appellant, Docket No. V-4045/13
Administration for Children’s Services,Respondent-Respondent. - - - - - - - - - - - - -
Randall Carmel, Esq.,Attorney for the Child.- - - - - - - - - - - - -
In the Matter of a Family Offense Proceeding Under Article 8 of theFamily Court Act. - - - - - - - - - - - - - - - - Derick B., Sr.,
Petitioner-Respondent, Docket No. O-3373/13
-against-
Catherine L. W.,Respondent-Appellant.
---------------------------------------X
Appeals having been taken to this Court from the orders ofthe Family Court, Bronx County, under Docket Nos. V-4045/13 andO-3373/13, both entered on or about February 11, 2015,
And petitioner-respondent Derick B., Sr. having moved forleave to respond, as a poor person, to the appeals from theaforesaid orders, and for assignment of counsel, a free copy ofthe transcript, and for related relief,
(M-4443) -2- September 5, 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(1) assigning, pursuant to §1120 of the Family Court Act, ThomasR. Villecco, Esq., 366 North Broadway, Suite #410, Jericho, NY11753, Telephone No. (516) 942-4221, as counsel for purposes ofresponding to the appeals; (2) permitting movant to respond tothe appeals upon a reproduced respondent’s brief, on conditionthat one copy of such brief be served upon the attorney forrespondent-appellant and 8 copies thereof are filed with thisCourt. Petitioner-respondent’s deadline to file a respondent’sbrief is enlarged to September 13, 2017 and appellant’s deallineto file a reply brief is enlarged to September 22, 2017.
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 September 5, 2017.
Present - Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr., Justices.
--------------------------------------XThe People of the State of New York,
Appellant,
-against- M-3507Ind. No. 4558/04
Amir Douglas,
Defendant-Respondent.--------------------------------------X
Defendant-respondent having moved for leave to respond, as apoor person, to the People's appeal from an order of the SupremeCourt, Bronx County, entered on or about May 24, 2007, and forassignment of counsel,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent of(1) permitting movant to respond to the appeal upon a reproducedrespondent's brief, on condition that one copy of such brief beserved upon the attorney for the People and 9 copies thereof arefiled with this Court, and (2) assigning, pursuant to Section 722of the County Law, Rosemary Herbert, Esq., Office of theAppellate Defender, 11 Park Place, Room 1601, New York, New York,10007, Telephone No. 212-402-4112, as counsel for purposes ofresponding to the appeal.
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 September 5, 2017.
Present: Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr. Dianne T. Renwick, Justices.
--------------------------------------XIn the Matter of
Melody Marie A.,
A Child Under 18 Years of Age Allegedto be Abused and/or Neglected Under CONFIDENTIALArticle 10 of the Family Court Act. M-4355 - - - - - - - - - - - - - - - Docket No. NN-18576/13
The Administration for Children’sServices, Petitioner-Respondent,
Dana Marie B., Respondent-Appellant. - - - - - - - - - - - - - - -Larry S. Bachner, Esq., Attorney for the Child.--------------------------------------X
Ronald G. Fisher, Esq., court attorney for the subjectchild, having moved on the child's behalf for leave to respond,as a poor person, to the appeal taken from an Order of Fact-Finding of the Family Court, Bronx County, entered on or aboutMarch 14, 2016 and from an Order of Disposition of said FamilyCourt, entered on or about May 24, 2016, and for assignment ofcounsel, a free copy of the transcript, and for related relief,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
(M-4355) -2- September 5, 2017
It is ordered that the motion is granted to the extent of (1) assigning, pursuant to §1120 of the Family Court Act,Larry S. Bachner, P.C., c/o Bachner & Associates, P.C., 39 Broadway, Suite #1610, New York, NY 10006, Telephone No. (917) 674-9516, as counsel for purposes of responding to theappeal; (2) permitting movant to respond to the appeal upon areproduced respondent’s brief, on condition that one copy of such brief be served upon the attorney for respondent-appellantand 8 copies thereof are filed with this Court.
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 September 5, 2017.
Present: Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr. Dianne T. Renwick, Justices.
------------------------------------XIn the Matter of a Proceeding forVisitation Under Article 6 of theFamily Court Act. CONFIDENTIAL - - - - - - - - - - - - - - M-4382Kathy C., Docket No. V-41367-13/15A Petitioner-Respondent,
-against-
Alonzo E., Respondent-Appellant. ------------------------------------XIn the Matter of a Proceeding forVisitation Under Article 6 of theFamily Court Act. Docket No. V-41991-13/15A - - - - - - - - - - - - - -Alonzo E., Petitioner-Appellant,
-against-
Kathy C., Respondent-Respondent.------------------------------------X
Petitioner/respondent-respondent having moved for leave to respond, as a poor person, to the appeal taken from the order of the Family Court, New York County, entered on or aboutDecember 19, 2016, and for assignment of counsel, a free copy ofthe transcript, and for related relief,
(M-4382) -2- September 5, 2017
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 (1) assigning, pursuant to §1120 of the Family Court Act,Larry S. Bachner, P.C., c/o Bachner & Associates, P.C., 39Broadway, Suite #1610, New York, NY 10006, Telephone No. (917)674-9516, as counsel for purposes of responding to the appeal;(2) permitting movant to respond to the appeal upon a reproducedrespondent’s brief, on condition that one copy of such brief beserved upon the attorney for respondent-appellant and 8 copiesthereof are filed with this Court.
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 September 5, 2017.
Present: Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr. Dianne T. Renwick, Justices.
------------------------------------XIn the Matter of
Jaylanisa Miracle A.,
For a Proceeding for the Appointment CONFIDENTIALof a Kinship Guardian (Subsidized M-4351Kinship Guardian Program) Under Docket No. G-19552/16Article 10 and 10-A of the FamilyCourt Act. - - - - - - - - - - - - - - Administration for Children’s Services, Petitioner-Respondent,
Christopher A., Respondent-Appellant. - - - - - - - - - - - - - - Kenneth M. Tuccillo, Esq., Attorney for the Child.------------------------------------X
Janette Cortes-Gomez, Esq., court attorney for the subjectchild, having moved on the child's behalf for leave to respond,as a poor person, to the appeal taken from the order of theFamily Court, Bronx County, entered on or about September 27,2016, and for assignment of counsel, a free copy of thetranscript, and for related relief,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
(M-4351) -2- September 5, 2017
It is ordered that the motion is granted to the extent of(1) assigning, pursuant to §1120 of the Family Court Act, KennethM. Tuccillo, Esq., 591 Warburton Avenue, Suite #576, Hastings onHudson, NY 10706, Telephone No. (914) 439-4843, as counsel forpurposes of responding to the appeal; (2) permitting movant torespond to the appeal upon a reproduced respondent’s brief, oncondition that one copy of such brief be served upon the attorneyfor respondent-appellant and 8 copies thereof are filed with thisCourt.
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 September 5, 2017.
Present: Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr. Dianne T. Renwick, Justices.
------------------------------------XIn the Matter of
Demetrius C., CONFIDENTIAL and Deborah C., M-3934Children Under 18 Years of Age Docket Nos. NA-32159/14 Alleged to be Abused and/or NA-32160/14 Neglected Under Article 10 of the V-21947/09/14GFamily Court Act. V-21947/09/15G - - - - - - - - - - - - - - V-21947/09/15HAdministration for Children’sServices, Petitioner-Respondent,
Epifania C., Respondent-Respondent,
David C., Respondent-Appellant. - - - - - - - - - - - - - - Tennile M. Tatum-Evans, Esq., Attorney for Child, Demetrius C. - - - - - - - - - - - - - -Shirim Nothenberg, Esq., Lawyers for Children, Inc., Attorney for Child, Deborah C.------------------------------------X
Respondent-respondent mother, Epifania C., having moved for leave to respond, as a poor person, to the appeal taken from an Order of Fact-Finding of the Family Court, New YorkCounty, entered on or about May 19, 2015, and from an Order of Disposition of said Family Court, entered on or about February 17, 2016,
(M-3934) -2- September 5, 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 (1) assigning, pursuant to §1120 of the Family Court Act,Larry S., Bachner, P.C., C/O Bachner & Associates, P.C., 39Broadway, Suite #1610, New York, NY 10006, Telephone No. (917)674-9516, as counsel for purposes of responding to the appeal;(2) permitting movant to respond to the appeal upon a reproducedrespondent’s brief, on condition that one copy of such brief beserved upon the attorney for respondent-appellant and 8 copiesthereof are filed with this Court.
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 September 5, 2017.
Present: Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr. Dianne T. Renwick, Justices.
------------------------------------XIn the Matter of a Proceeding for Custody/Visitation Under Article 6of the Family Court Act. CONFIDENTIAL - - - - - - - - - - - - - - - M-4334Nadine T., Docket Nos. V-25668-05/15C Petitioner-Respondent, V-09259-14/16D
Dejurnette Laverne N., Petitioner-Respondent,
-against-
Lastenia T., Respondent-Appellant.------------------------------------X
Petitioner-respondent Dejurnette Laverne N. having moved forleave to respond, as a poor person, to the appeal taken from theorder of the Family Court, Bronx County, entered on or aboutApril 14, 2017, and for assignment of counsel, a free copy of thetranscript, 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 of (1) assigning, pursuant to §1120 of the Family Court Act,Kenneth M. Tuccillo, Esq., 591 Warburton Avenue, #576, Hastingson Hudson, New York, NY 10706, Telephone No. (914) 439-4843, as
(M-4334) -2- September 5, 2017
counsel for purposes of responding to the appeal; (2) permittingmovant to respond to the appeal upon a reproduced respondent’sbrief, on condition that one copy of such brief be served uponthe attorney for respondent-appellant and 8 copies thereof arefiled with this Court.
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 September 5, 2017.
Present - Hon. David Friedman, Justice Presiding, Troy K. Webber Ellen Gesmer Cynthia S. Kern, Justices. ---------------------------------------xThe People of the State of New York,
Respondent,
-against- M-2771Docket No. 2016BX006864
Grevelle Bartley,Defendant-Appellant.
---------------------------------------x
An appeal having been taken to this Court from the judgmentof the Supreme Court, Bronx County, rendered on or about March 9,2017,
And defendant-appellant having moved, through assignedcounsel, for a continuation of the stay of execution of sentenceand bail, pending hearing and determination of the 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 ofcontinuing the stay of execution of sentence and bail granted bythe order of a Justice of this Court, entered on March 13, 2017,upon the same terms and conditions set forth therein, and onfurther condition the appeal is perfected for the January 2018Term.
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 September 5, 2017.
Present - Hon. David Friedman, Justice Presiding, Troy K. Webber Ellen Gesmer Cynthia S. Kern, Justices. ---------------------------------------xMaxim Inc. and Sardar Biglari,
Plaintiffs-Respondents, M-2933
-against-
Wayne Gross, Action No. 1 Defendant, Index No. 654137/15
-and-
Jason Feifer,Defendant-Appellant. - - - - - - - - - - - - - - - -
Maxim Inc.,Plaintiff-Respondent, Action No. 2
Index No. 162933/15 -against-
Jason Feifer and Charna Sherman,Defendants-Appellants.
---------------------------------------x
Appeals having been taken to this Court in Action No. 1 fromorders of the Supreme Court, New York County, entered on or aboutApril 24, 2017, April 21, 2017 and April 21, 2016,
And appeals having been taken to this Court in Action No. 2from orders of said Court, entered on or about January 23, 2017,May 3, 2016 and April 10, 2017,
And defendant(s)-appellant(s) having moved for consolidationof the aforesaid appeals in Action No. 1 with the appeals inAction No. 2,
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 thatappellants are directed to separately consolidate the appeals inAction No. 1 and Action No. 2 upon 9 copies of one record and one
(M-2933) -2- September 5, 2017
set of appellants' points covering the consolidated appeals. Appellants are directed to separately perfect the consolidatedappeals in each action on or before November 6, 2017 for theJanuary 2018 Term. The Clerk is directed to calendar theseparately consolidated appeals in each action for hearingtogether for said January 2018 Term.
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 September 5, 2017.
Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Karla Moskowitz Barbara R. Kapnick, Justices.
---------------------------------------xIn the Matter of the Application ofSteven Banks, as Commissioner ofSocial Services of the City of New York,
Petitioner-Respondent,
For the Appointment of a Guardian of M-2577the Personal Needs and Property Index No. 500290/15 Management of
Piying Lin,Respondent,
A Person Alleged to be Incapacitated,
Wilson C. Chan,Appellant.
---------------------------------------x
An order of this Court having been entered on February 28,2017 (M-6090), denying appellant’s motion for leave to prosecute,as a poor person, the appeal from the order and judgment (onepaper) of the Supreme Court, New York County, entered on or aboutApril 12, 2016,
And appellant having moved for renewal of the aforesaidmotion for poor person relief,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
(M-2577) -2- September 5, 2017
It is ordered that the motion is denied. Sua sponte, thetime to perfect the appeal is enlarged to the January 2018 Term.
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 September 5, 2017.
Present - Hon. John W. Sweeny, Jr., Justice Presiding, Angela M. Mazzarelli Richard T. Andrias Karla Moskowitz Judith J. Gische, Justices.
---------------------------------------xSteven Pepe, Jr.,
Plaintiff-Respondent, M-2581
-against- Index No. 156926/13
Turner Construction Company, et al.,Defendants-Appellants.- - - - - - - - - - - - - -
Turner Construction Company, et al.,Third-Party Plaintiffs-Appellants,
-against-
Nead Electric of New Jersey, Inc.,et al.,
Third-Party Defendants,Index No. 595361/15
-and-
Acuity Brands Lighting, Inc., doing business as Mark Architectural Lighting,
Third-Party Defendant-Respondent. ---------------------------------------x
Third-party defendant-respondent Acuity Brands Lighting,Inc., etc. having moved, inter alia, for dismissal of an appealtaken from the order of the Supreme Court, New York County,entered on or about November 29, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
(M-2581) -2- September 5, 2017
It is ordered that the motion is denied, without prejudiceto advancing said arguments on the direct appeal.
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 September 5, 2017.
Present - Hon. John W. Sweeny, Jr., Justice Presiding, Angela M. Mazzarelli Richard T. Andrias Karla Moskowitz Judith J. Gische, Justices.
----------------------------------------XMark Tunne,
Plaintiff-Appellant, M-2726
-against- Index No. 450873/14
Gerald P. Halpern, Esq., etc., et al.,
Defendants-Respondents. ----------------------------------------X
Plaintiff-appellant having moved for leave to prosecute, asa poor person, the appeals taken from the orders of the SupremeCourt, New York County, entered on or about March 15, 2016 andApril 28, 2017, and for leave to have the appeals heard on theoriginal record and upon a reproduced appellant's brief, and forother relief,
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 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 September 5, 2017.
Present - Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Angela M. Mazzarelli Karla Moskowitz Troy K. Webber, Justices,
---------------------------------------XPatrick Lynch, etc., et al.,
Plaintiffs-Respondents,
-against- M-3372Index No. 157286/15
The City of New York, et al.,Defendants-Appellants.
---------------------------------------X
Plaintiffs-respondents having moved to dismiss the appealtaken from the order and judgment (one paper) of the SupremeCourt, New York County, entered on or about April 13, 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 to dismiss the appeal isgranted unless the appeal is perfected for the January 2018 Term. Upon failure to so perfect, an order dismissing the appeal may beentered ex parte, provided respondents serve a copy of this orderupon the appellants within 10 days after the date of entryhereof.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
---------------------------------------xIn the Matter of
CONFIDENTIAL Hilary C., M-4062
Docket No. D-43269/16 A Person Alleged to be a JuvenileDelinquent,
Respondent-Appellant.---------------------------------------x
Respondent-appellant having moved to withdraw the appealtaken from the order of the Family Court, New York County,entered on or about January 25, 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 ofdeeming the appeal withdrawn.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.
--------------------------------------XThe People of the State of New York,
Respondent,
-against- M-3984Ind. No. 6029/06
Elmo Rivadeneira,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 November 18, 2016, forleave to prosecute the appeal as a poor person upon the originalrecord and a reproduced appellant's brief, and for relatedrelief,
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 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.
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-3984) -2- September 5, 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
At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.
------------------------------------XThe People of the State of New York,
Respondent,
-against- M-4216SCI No. 2165/16
Juan Rivera,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 September 13, 2016, for leaveto prosecute the appeal as a poor person upon the original recordand a reproduced appellant's brief, 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 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.
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-4216) -2- September 5, 2017
Seymour W. James, Jr., Esq., The Legal Aid Society, 199Water Street, 5th Floor, New York, New York 10038, Telephone No.212-577-3688, 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
At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
------------------------------------------XMarc Conte,
Petitioner-Appellant,
For a Judgment Pursuant to Article 78 ofthe CPLR,
M-3543-against- Index No. 101058/16
City of New York Department of Sanitation,et al.,
Respondents-Respondents.------------------------------------------X
Petitioner-appellant having moved for leave to prosecute, asa poor person, the appeal from an order and judgment (one paper)of the Supreme Court, New York County, entered on or about June21, 2017, and for leave to have the appeal heard on the originalrecord and upon a reproduced 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 appellant's brief, on condition that appellant serveone copy of such brief upon the attorney for respondents-respondents and file 8 copies of such brief, together with theoriginal record, pursuant to Rule 600.11 of the Rules of thisCourt. Appellant is permitted to dispense with payment of therequired fee for the subpoena and filing of the record.
ENTERED:
_____________________ CLERK
At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department in theCounty of New York on September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
----------------------------------------XIn the Matter of the Application ofIsmael Rivera,
Petitioner-Appellant,
For an Order Pursuant to Article 78of the CPLR, M-4144
Index No. 100012/17 -against-
New York City Housing Authority,Respondent-Respondent.
----------------------------------------X
Petitioner-appellant having moved for leave to prosecute,as a poor person, the appeal from a judgment of the SupremeCourt, New York County, entered on or about June 12, 2017, andfor leave to have the appeal heard on the original record andupon a reproduced appellant's brief, and for other relief,
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 appellant's brief, on condition that petitionerserve one copy of such brief upon the attorney for respondent andfile 8 copies of such brief, together with the original record,pursuant to Rule 600.11 of the Rules of this Court. Petitioneris permitted to dispense with payment of the required fee for thesubpoena and filing of the record.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
---------------------------------------xIn the Matter of
Jaylyn Z., CONFIDENTIAL Destiny O., M-3999 Jaydyan O., Docket Nos. NA-20787/14 Maci O., NA-1570/14 and Hevenly O., NA-1573/14
NA-1572/14 Children Under 18 Years of Age NA-1571/14 Alleged to be Abused and/or Neglected Under Article 10 ofthe Family Court Act. - - - - - - - - - - - - - - -Administration for Children’sServices, Petitioner-Respondent,
Jesus O., Respondent-Appellant. - - - - - - - - - - - - - - -Steven N. Feinman, Esq., Attorney for the Children/
Respondents.---------------------------------------x
An appeal having been taken to this Court by the subjectchildren from two orders of the Family Court, Bronx County,entered on or about December 5, 2016 and January 27, 2017,
And respondent Jesus O. having taken a separate appeal fromthe aforesaid orders,
And an order of this Court having been entered on May 9,2017 (M-1365), granting the subject children poor person reliefon the aforesaid appeal, and assigning Steven N. Feinman, Esq.,as counsel to prosecute the appeal,
And the subject children, by Steven N. Feinman, Esq., havingmoved for an order withdrawing the appeal and deeming the order
(M-3999) -2- September 5, 2017
entered May 9, 2017 (M-1365) as amended to the extent of grantingthe subject children poor person relief to respond to the appealtaken by respondent Jesus O.,
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 ofdeeming the appeal taken by the subject children from the ordersentered on or about December 5, 2016 and January 27, 2017,withdrawn, and it is further,
Ordered that the subject children are granted poor personrelief to respond to the appeal taken by Jesus O. to the extentof (1) assigning, pursuant to §1120 of the Family Court Act,Steven N. Feinman, Esq., One North Broadway, Suite #412, WhitePlains, NY 10601, Telephone No. (914) 949-8214, as counsel forpurposes of responding to the appeal; (2) permitting movants torespond to the appeal upon a reproduced respondent’s brief, oncondition that one copy of such brief be served upon the attorneyfor respondent-appellant and 8 copies thereof are filed with thisCourt.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
---------------------------------------xIn the Matter of
Jaylyn Z., CONFIDENTIAL Destiny O., M-3999 Jaydyan O., Docket Nos. NA-20787/14 Maci O., NA-1570/14 and Hevenly O., NA-1573/14
NA-1572/14 Children Under 18 Years of Age NA-1571/14 Alleged to be Abused and/or Neglected Under Article 10 ofthe Family Court Act. - - - - - - - - - - - - - - -Administration for Children’sServices, Petitioner-Respondent,
Jesus O., Respondent-Appellant. - - - - - - - - - - - - - - -Steven N. Feinman, Esq., Attorney for the Children/
Respondents.---------------------------------------x
An appeal having been taken to this Court by the subjectchildren from two orders of the Family Court, Bronx County,entered on or about December 5, 2016 and January 27, 2017,
And respondent Jesus O. having taken a separate appeal fromthe aforesaid orders,
And an order of this Court having been entered on May 9,2017 (M-1365), granting the subject children poor person reliefon the aforesaid appeal, and assigning Steven N. Feinman, Esq.,as counsel to prosecute the appeal,
And the subject children, by Steven N. Feinman, Esq., havingmoved for an order withdrawing the appeal and deeming the order
(M-3999) -2- September 5, 2017
entered May 9, 2017 (M-1365) as amended to the extent of grantingthe subject children poor person relief to respond to the appealtaken by respondent Jesus O.,
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 ofdeeming the appeal taken by the subject children from the ordersentered on or about December 5, 2016 and January 27, 2017,withdrawn, and it is further,
Ordered that the subject children are granted poor personrelief to respond to the appeal taken by Jesus O. to the extentof (1) assigning, pursuant to §1120 of the Family Court Act,Steven N. Feinman, Esq., One North Broadway, Suite #412, WhitePlains, NY 10601, Telephone No. (914) 949-8214, as counsel forpurposes of responding to the appeal; (2) permitting movants torespond to the appeal upon a reproduced respondent’s brief, oncondition that one copy of such brief be served upon the attorneyfor respondent-appellant and 8 copies thereof are filed with thisCourt.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.-----------------------------------------XFlutur Bida,
Plaintiff-Appellant,M-3957
-against- Index No. 111370/10
Port Authority of New York and New Jersey,et al.,
Defendants-Respondents.-----------------------------------------X
Plaintiff having moved for leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, New YorkCounty, entered on or about June 22, 2017, and for leave to havethe appeal heard on the original record and upon a reproducedappellant's brief, and for other relief,
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 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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
-----------------------------------xTonyia B. Watson,
Claimant-Appellant,
-against- M-3817Claim No. 126836
The City and State of New York,
Defendants-Respondents. -----------------------------------x
An appeal having been taken from the order of the Court ofClaims of the State of New York, entered on or about July 1,2016,
And claimant-appellant having moved for leave to prosecutethe appeal as a poor person, and for an enlargement of the recordon 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.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
------------------------------------XThe People of the State of New York,
Respondent,
-against- M-3791Ind. No. 9/16
Jhon Bernabel,Defendant-Appellant.
------------------------------------X
Defendant having moved for an enlargement of time to file anotice of appeal from the judgment of the Supreme Court, New YorkCounty, rendered on or about June 14, 2016,
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 ofdeeming the moving papers as a timely filed notice of appeal.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
--------------------------------------XTheresa A. Cerio,
Plaintiff-Appellant,
-against- M-3626Index No. 123431/02
Jonathan Carrington, et al., Defendants-Respondents.
- - - - -Two Below Hacking Corp.,
Third-Party Plaintiff-Respondent,
-against- Index No. 591394/03
The City of New York,Third-Party Defendant-Respondent.
--------------------------------------X
Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal from an order of the Supreme Court, NewYork County, entered on or about November 23, 2015,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.
--------------------------------------XMarietta Small, Public Administratrix,On behalf of the Estate of IsidroPachecho,
Plaintiff-Appellant, M-3685Index No. 403943/05
-against-
St. Barnabas Hospital, et al.,
Defendants-Respondents.--------------------------------------X
Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal from an order of the Supreme Court, NewYork County, entered on or about September 2, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.
-----------------------------------XPeter Arnold, et al.,
Plaintiffs-Respondents,
-against- M-3687Index No. 158541/13
4-6 Bleeker Street, LLC,
Defendant-Respondent,
316 Bowery Realty Corp., et al.,
Defendants-Appellants.-----------------------------------X
Defendants-appellants 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 October 21, 2015, as amendedby an order entered on or about November 18, 2015,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
----------------------------------------XDerek Conlon, et al.,
Plaintiffs-Respondents-Appellants,
-against- M-3722Index No. 24165/13E
The Carnegie Hall Society, Inc., et al.,
Defendants-Appellants-Respondents.----------------------------------------X
Defendants having moved for an enlargement of time toperfect the appeal from an order of the Supreme Court, BronxCounty, entered on or about October 4, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.
-----------------------------------XRussell H. Pollack, et al.,
Plaintiffs-Appellants,
-against- M-3798Index No. 152227/15
46 East 82nd Street LLC, et al.,Defendants-Respondents.
-----------------------------------X
Plaintiffs-appellants having moved for an enlargement oftime to perfect the appeal from an order of the Supreme Court,New York County, entered on or about February 29, 2017,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.
-----------------------------------XIn the Matter of the Guardianshipof Lavdie H.,
Petitioner-Appellant, CONFIDENTIAL
-against- M-3807Docket No. G-1818/16
Saimira V., et al.,Respondents-Respondents.
-----------------------------------X
Petitioner-appellant having moved for an enlargement of timeto perfect the appeal from an order of the Family Court, BronxCounty, entered on or about September 20, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. Gische Cynthia S. KernJeffrey K. OingAnil C. Singh, Justices.
-----------------------------------XDenise Swartz, etc., et al.,
Plaintiffs-Respondents,
-against- M-3814Index No. 150056/15
New York City Transit Authority, et al.,
Defendants-Appellants.-----------------------------------X
Defendants-appellants having moved for an enlargement oftime to perfect their appeal from an order of the Supreme Court,New York County, entered on or about September 27, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
-----------------------------------XArielle Weinberger Papadam, et al.,
Plaintiffs-Appellants,
-against- M-3833Index No. 805354/15
Ivan K. Rothman, M.D., et al.,Defendants-Respondents.
-----------------------------------X
Plaintiffs-appellants having moved for an enlargement oftime to perfect the appeals from an order of the Supreme Court,New York County, entered on or about July 11, 2016, and from ajudgment, same court and Justice, entered on or about August 30,2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeals to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
-----------------------------------XMariel H. Simmonds-Little,
Plaintiff-Appellant,
-against- M-3958Index No. 153644/14
Daniel Tram, et al.,Defendants-Respondents.
-----------------------------------X
Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal from an order of the Supreme Court, NewYork County, entered on or about March 14, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
-----------------------------------XElena Santos,
Plaintiff-Respondent,
-against- M-3975Index No. 114462/09
604 Fifth Owner, LLC,Defendant-Appellant,
Drain King LLC, et al.,Defendants.
-----------------------------------X
Defendant-appellant having moved for an enlargement of timeto perfect the appeal from an order of the Supreme Court, NewYork County, entered on or about June 24, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. Gische Cynthia S. KernJeffrey K. Oing, Justices.
---------------------------------------XIn re Northwest 5th & 45th Realty Corp.,
Petitioner-Respondent,
-against- M-4076Index No. 150344/13
Mitchell, Maxwell & Jackson, Inc.And Steven Knobel,
Respondents-Appellants,
Jeffrey Jackson also known as Jeffrey Satkiewicz, also known as Jeremy Satkiewicz, et al.,
Respondents.---------------------------------------X
Respondents-appellants having moved for an enlargement oftime to perfect their appeal from the judgment of the SupremeCourt, New York County, entered on or about October 31, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.
--------------------------------------XRabbi Yaakov Yitzchak Horowitz,
Plaintiff-Appellant,
-against- M-4037Index No. 652118/16
Union of Orthodox Jewish Congregationsof America, 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 September 29, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.
-------------------------------------XWarshaw Burstein Cohen Schlesinger &Kuh, LLP,
Plaintiff-Appellant, M-4044Index No. 116683/09
-against-
Eric A. Longmire,
Defendant-Respondent.-------------------------------------X
Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal from an order of the Supreme Court, NewYork County, entered on or about July 31, 2015,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.
-----------------------------------XMarsha Sibblies,
Plaintiff-Appellant, M-4048Index No. 20015/15
-against-
The City of New York, et al.,
Defendants-Respondents.-----------------------------------X
Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal from an order of the Supreme Court, BronxCounty, entered on or about November 4, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
-----------------------------------XJacob Albert,
Petitioner-Respondent,
-against- M-4096Index No. 651728/16
M.R. Beal & Company, et al.,
Respondents-Appellants.-----------------------------------X
Respondents-appellants having moved for an enlargement oftime to perfect the appeal from a judgment of the Supreme Court,New York County, entered on or about August 12, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.
-----------------------------------XIan Frank and Cynthia Saldana,
Plaintiffs-Appellants, M-4099Index No. 26099/02
-against-
The City of New York,Defendant-Respondent.
-----------------------------------X
Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal from an order of the Supreme Court, NewYork County, entered on or about January 14, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
---------------------------------------xLawrence A. Omansky,
Plaintiff-Appellant,
-against- M-4129Index No. 603738/08
160 Chambers Street Owners Inc.,et al.,
Defendants-Respondents. ---------------------------------------x
Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal from the order of the Supreme Court, NewYork County, entered on or about January 22, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term, with no further enlargements to be granted.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
----------------------------------------XIn the Matter of Brian Reip,
Petitioner-Appellant,
For a Judgment Pursuant to Article 78of the CPLR,
-against- M-4195 Index No. 101171/14
New York City Department of Corrections,et al.,
Respondents-Respondents.----------------------------------------X
Petitioner having moved for an enlargement of time toperfect the appeal taken from the judgment of the Supreme Court,New York County, entered on or about April 12, 2016,
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 ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
---------------------------------------xPolicy Administration Solutions, Inc.,
Plaintiff-Respondent,
-against- M-4284Index No. 652273/14
QBE Holdings, Inc., et al.,
Defendants-Appellants. ---------------------------------------x
Defendants-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 October 31, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.
-----------------------------------XMichael J. Devereaux,
Plaintiff-Appellant,
-against- M-3944Index No. 114428/09
Carolina E. Pascacio,
Defendant-Respondent.-----------------------------------X
Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal taken from the order of the Supreme Court,New York County, entered on or about May 26, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the February 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. Gische Cynthia S. Kern Jeffrey K. Oing, Justices.
-----------------------------------XRicky Zegelstein, M.D., et al.,
Plaintiffs-Appellants,
-against- M-4156Index No. 651198/14
Michael J. Faust, M.D., et al.,
Defendants-Respondents.-----------------------------------X
Plaintiffs-appellants having moved for an enlargement oftime to perfect the appeal from an order of the Supreme Court,New York County, entered on or about June 12, 2017,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the February 2018Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.
-------------------------------------XVictor Martinez, etc., et al.,
Plaintiffs,
-against- M-3691Index No. 117249/09
Rector Trinity Associates, LLC,et al.,
Defendants-Respondents,
Classic Security,Defendant-Appellant,
John Does 1-10, et al.,Defendants.- - - - - - - - - - - - -
Classic Security,Third-Party Plaintiff-Appellant,
-against-
Joseph Pabon,Third-Party Defendant.
-------------------------------------X
Defendant/third-party plaintiff-appellant having moved foran enlargement of time to perfect the appeal from an order of theSupreme Court, New York County, entered on or about April 28,2015,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
(M-3691) -2- September 5, 2017
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the March 2018 Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
---------------------------------------xCarlos Sampedro and Gina Sampedro,
Plaintiffs-Appellants,
Belarminio Ramirez,Plaintiff-Appellant, M-3920
M-4153 -against- Index No. 307054/09
Elwood Realty LLC, et al.,Defendants-Respondents. - - - - - - - - - - - - - - -
[And a Third-Party Action]---------------------------------------x
Appeals having been taken by the above-named plaintiffs froman order of the Supreme Court, Bronx County, entered on or aboutOctober 4, 2016,
And plaintiffs-appellants, Carlos Sampedro and GinaSampedro, having moved for an enlargement of time to perfect theappeal (M-3920),
And plaintiff-appellant, Belarminio Ramirez, havingseparately moved for the same relief (M-413),
Now, upon reading and filing the papers with respect to themotions, and due deliberation having been had thereon,
It is ordered that the motions are granted to the extent ofenlarging the time to perfect the appeals to the March 2018 Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
---------------------------------------xIn the Matter of the Application ofAdeyinka Adebiyi,
Petitioner-Respondent,
-against- M-4303Index No. 260950/12
New York City Housing Authority,et al.,
Respondents-Appellants. ---------------------------------------x
An appeal having been taken to this Court from the order ofthe Supreme Court, Bronx County, entered on or about August 19,2016, and said appeal having been perfected,
And respondents-appellants having moved for an enlargementof time to perfect the 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 ofdeeming the appeal timely perfected.
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 September 5, 2017.
Present: Hon. Richard T. Andrias, Justice Presiding, Judith G. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices
-----------------------------------XHelena Wong,
Plaintiff-Respondent, M-3600
-against- M-4016Index No. 104404/09
Hsia Chao Yu,Defendant-Appellant.
-----------------------------------X
An appeal having been taken from and order and judgment (one paper) of the Supreme Court, New York County, entered on or about October 12, 2016,
And plaintiff-respondent having moved for an orderdismissing the appeal (M-3600),
And defendant-appellant having cross-moved for anenlargement of time to perfect the appeal (M-4016),
Now, upon reading and filing the papers with respect to themotion and cross motion, and due deliberation having been hadthereon, it is
Ordered that plaintiff-respondent’s motion is granted to theextent of dismissing the appeal unless it is perfected for theJanuary 2018 Term. Defendant-appellant’s cross motion to enlargethe time to perfect the appeal is granted to the extentindicated.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
---------------------------------------xDeidre Holmes Clark,
Plaintiff-Appellant,
-against- M-4107Index No. 106717/11
Allen & Overy, LLP,Defendant-Respondent.
---------------------------------------x
An appeal having been taken to this Court from the order ofthe Supreme Court, New York County, entered on or about August19, 2016, and said appeal having been perfected,
And defendant-respondent having moved for adjournment of theaforesaid appeal, and for leave to file a supplemental record onappeal,
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, and the appeal isadjourned to the January 2018 Term. Defendant-respondent isdirected to file a supplemental record, at its own expense,containing certain documents in the proposed supplemental recordfiled with this motion (pp. SR0001-11, 0037-0135, 0147-0224;0245-0281, 0298-0457, 0459-0504, 0529-0601, 0608-0615, 0620-0685,0708-0834, 0850-0974, and 0980-1021).
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
---------------------------------------xJ.C. and P.C., infants under the ageof 14 years, by their Mother and Natural Guardian, Irma Garcia, and Irma Garcia, Individually,
Plaintiffs-Respondents, M-3776
-against- Index No. 350615/09
Soundview Apartments Realty, LLC,Defendant-Appellant,
Ward 1101, LLC,Defendant.
---------------------------------------x
An appeal having been taken to this Court from the order ofthe Supreme Court, Bronx County, entered on or about April 22,2016, and said appeal having been perfected,
And defendant-appellant having moved for a stay of trialpending hearing and determination of the aforesaid 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.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
---------------------------------------xJanette Henry, as Administratrix of theEstate of Joseph Henry,
Plaintiff-Respondent,
-against- M-3810Index No. 100959/09
Lenox Hill Hospital, et al.,Defendants,
-and-
Iraj Akhavan, P.M.D.,Defendant-Appellant.
---------------------------------------x
An appeal having been taken to this Court from the order ofthe Supreme Court, New York County, entered on or about February2, 2017, and said appeal having been perfected,
And defendant-appellant having moved for a stay of allproceedings pending hearing and determination of the aforesaidappeal,
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 Supreme
Court held in and for the First Judicial Department inthe County of New York on September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
-------------------------------------xKelly Cabral, et al.,
Plaintiffs-Respondents,
-against-
Joshua Stern, M.D., et al., M-3812Defendants, Index No. 800254/11
-and-
Anthony Azer, M.D. and New York University Medical Center, 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 June 6,2016, and said appeal having been perfected,
And plaintiffs-respondents having moved for an enlargementof time to file a respondent’s brief,
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 ofadjourning the appeal to the January 2018 Term.
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 September 5, 2017.
Present: Hon. Richard T. Andrias, Justice Presiding, Judith G. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices
-----------------------------------XJia Wang,
Plaintiff-Appellant,
-against- M-3834Index No. 104059/11
Chih Shien Kang, etc., et al.,Defendants-Respondents,
Trigem Realty LLC,Defendant.
-----------------------------------X
An appeal having been taken from the order and judgment (one paper) of the Supreme Court, New York County, entered on orabout January 9, 2017, and from an order, same Court and Justice,entered on or about January 12, 2017,
And plaintiff-appellant having moved to stay all proceedingsand enforcement of all orders pending determination of theappeal,
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 September 5, 2017.
Present: Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
-----------------------------------XLewis Gross, M.D.,
Plaintiff-Respondent,
-against- M-4047 Index No. 153081/16Ismael Leyva Architect, P.C., Defendant-Appellant,
ABN Realty LLC, et al., Defendants.-----------------------------------X
An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about June 9, 2017, andsaid appeal having been perfected,
And defendant-appellant having moved to stay all proceedingspending hearing and determination of the aforesaid 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.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
---------------------------------------xAnderson & Anderson LLP – Guangzhou,et al.,
Plaintiffs-Appellants-Respondents, M-3876
-against- M-3878Index No. 651010/11
North American Foreign Trading Corp.,Defendant-Respondent-Appellant.
---------------------------------------x
An appeal and cross appeal having been taken to this Courtfrom the order of the Supreme Court, New York County, entered onor about November 2, 2016,
And further appeals having been taken by plaintiffs from theorders of said Court and Justice, entered on or about November 3,2016, February 27, 2017, June 6, 2017, and three orders enteredon or about June 6, 2017, and all of the foregoing appeals havingbeen perfected,
And plaintiffs-appellants having moved for a stay ofdiscovery proceedings pending hearing and determination of theappeals, and for a calendar preference in hearing of the appeals(M-3876),
And defendant-respondent having cross-moved for dismissal of the appeals, or for an enlargement of time to file its briefsuntil 30 days after the cross motion is decided (M-3878),
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 is denied, and it is further,
(M-3876/M-3878) -2- September 5, 2017
Ordered that the cross motion is granted to the extent ofadjourning the perfected appeals to the January 2018 Term, withleave to seek further adjournments, if necessary. The crossmotion, to the extent it seeks dismissal of the appeals is deniedwithout prejudice to further proceedings in Supreme Court, andwithout prejudice to said arguments being raised upon hearing ofthe appeal.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
---------------------------------------xKelly G.,
Petitioner-Appellant,CONFIDENTIAL
-against- M-4046Index No. 309154/16
Circe H.,
Respondent-Respondent. ---------------------------------------x
An appeal having been taken to this Court from the order ofthe Supreme Court, New York County, entered on or about April 13,2017, and said appeal having been perfected,
And petitioner-appellant having moved for a calendarpreference in hearing of the appeal, and for a stay enjoiningrespondent from delaying or interfering with expediteddetermination of the 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 ofgranting a preference in hearing the appeal for the November 2017Term, in accordance with the stipulation of the parties datedAugust 4, 2017, and to which Termthe appeal has been calendared. The motion is otherwise denied, as academic.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.----------------------------------------xLita P.,
Plaintiff-Respondent, CONFIDENTIAL
-against- M-4025Index No. 300564/08
Paul T. P.,
Defendant-Appellant.----------------------------------------x
Appeals having been taken to this Court by defendant-appellant from an order of the Supreme Court New York County,entered on or about September 23, 2016, and from a judgment, samecourt and Justice, entered on or about and November 15, 2016,
And defendant-appellant having moved for consolidation ofthe aforesaid appeals,
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 defendant-appellant to prosecute the consolidatedappeals upon 9 copies of one record and one set of defendant-appellant’s points covering the consolidated appeals. Theattention of the parties is directed to 22 NYCRR § 600.11. Thetime to perfect the consolidated appeals is enlarged to theJanuary 2018 Term.
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
----------------------------------------xJubae Mujahid,
Plaintiff-Appellant,
-against- M-4005Index No. 101485/15
HSBC Bank, USA, et al.,Defendants-Respondents,
Sanyaku Amare, et al.,Defendants.
----------------------------------------x
Appeals having been taken to this Court by plaintiff-appellant from orders of the Supreme Court New York County,entered on or about October 25, 2016 and April 13, 2017,
And plaintiff-appellant having moved for consolidation ofthe aforesaid appeals and for an enlargement of time to perfectsuch appeals,
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 plaintiff-appellant to prosecute the consolidatedappeals upon 9 copies of one record and one set of plaintiff-appellant’s points covering the consolidated appeals. Theattention of the parties is directed to 22 NYCRR § 600.11. Thetime to perfect the consolidated appeals is enlarged to theJanuary 2018 Term.
ENTERED:
_____________________ CLERK
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 September 5, 2017.
Present: Hon. Richard T. Andrias,Justice Presiding,
Judith J. Gische
Cynthia S. Kern
Jeffrey K. Oing Anil C. Singh,
Justices.
-----------------------------------X
Mark Perez,Plaintiff-Respondent, -against- M-4100
Index No. 158373/13
Beach Concerts, Inc., et al.,Defendants,
-and-Live Nation Marketing, Inc.,
Live Nation Worldwide, Inc.,
and Michael J. Brogden, Defendants-Appellants.
-----------------------------------X
(And a third-party action)An appeal having been taken from an order of the Supreme
Court, New York County, entered on or about July 1, 2016, and
said appeal having been perfected,And plaintiff having moved for leave to supplement the
record on appeal to include plaintiff’s Memorandum of Law,
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 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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
-------------------------------------xThe People of the State of New York,
Respondent,
-against- M-4029 Ind. No. 2950/13 Vijay Jain,
Defendant-Appellant. -------------------------------------x
An appeal having been taken to this Court from the judgmentof the Supreme Court, New York County, rendered on or about June 23, 2015, and said appeal having been perfected,
And an order of a Justice of this Court having been enteredon June 23, 2015 (M-2967), inter alia, admitting defendant-appellant to bail,
And an order of this Court having been entered on March 1,2016 (M-6458), inter alia, reinstating and extending a stay ofexecution of sentence and release on bail previously granted by an order of a Justice of this Court on June 23, 2015, andgranting poor person relief and assignment of counsel,
And an order of this Court having been entered on June 2,2016 (M-1443), inter alia, continuing the stay of execution ofsentence and bail granted by the order of a Justice of this Court on June 23, 2015, pending hearing and determination of the appeal, and on condition the appeal be perfected for theNovember 2016 Term,
And an order of this Court having been entered on October 20, 2016 (M-4198), denying respondent’s motion to revoke defendant’s bail and for the execution of sentence stayed by the order of a Justice of this Court on June 23, 2015,
(M-4029) -2- September 5, 2017
And defendant-appellant having moved to exonerate bail andto execute sentence in this case,
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, and the order of a Justice of this Court, entered on June 23, 2015, is vacated, as continued by the orders of this Court entered on March 1, 2016 (M-6458), June 2, 2016 (M-1443), and October 20, 2016 (M-4198).
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 September 5, 2017.
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.
---------------------------------------xRuth Kassover, as co-executor of the Estate of Nathan Kassover, and Philip Kassover, in his individualcapacity,
Plaintiffs-Appellants, M-4083Index No. 602434/05
-against-
PVP-GCC HoldingCo II, LLC, et al.,Defendants-Respondents.
---------------------------------------x
Appeals having been taken to this Court from the order ofthe Supreme Court, New York County, entered on or about September25, 2013, and the judgment of said Court entered on or aboutMarch 11, 2014,
And defendant-respondent Richard Sabella having moved forleave to file a brief amicus curiae in support of defendants-respondents GCC Realty Company, LLC, the successor in interest toPVP-GCC HoldingCo II, LLC, and The Garden City Company, Inc.,
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 Supreme
Court held in and for the First Judicial Department inthe County of New York on September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Peter H. Moulton, Justices. ---------------------------------------xCLK/HP 90 Meerick LLC, et al.,
Plaintiffs-Appellants,
-against- M-3546Index No. 450047/15
Supermedia Sales Inc., et al.,
Defendants-Respondents. ---------------------------------------x
Defendants-respondents having moved for dismissal of theappeal from the order of the Supreme Court, New York County,entered on or about March 17, 2016,
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 and the appeal isdismissed.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
---------------------------------------xThe People of the State of New York,
Respondent,
-against- M-3573Ind. No. 4074N/13
Angel Smalls,
Defendant-Appellant. ---------------------------------------x
An appeal having been taken to this Court from the judgmentof the Supreme Court, New York County, rendered on or about June 18, 2014, and said appeal having been perfected,
And the People having moved for dismissal of the aforesaidappeal,
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 and the appeal isdismissed.
ENTERED:
_____________________ CLERK
At a Term of the Appellate Division of the Supreme Court held in and for the First Judicial Department in theCounty of New York on September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
-----------------------------------------XJuana Frias,
Plaintiff-Appellant,M-3967
-against- Index No. 154566/13
Abdul M. Yazidi, et al.,Defendants-Respondents.
-----------------------------------------X
Defendants-respondents having moved for dismissal of theappeal taken from an order of the Supreme Court, New York County,entered on or about August 2, 2016, for failure to timelyperfect,
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 and the appeal isdismissed.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
------------------------------------xAurora Loan Servicing LLC,
Plaintiff-Respondent,
-against- M-2377Index No. 380537/08
Olinda B. Singh, et al.,
Defendants-Appellants. ------------------------------------x
Plaintiff-respondent having moved for dismissal of theappeal taken from the order of the Supreme Court, Bronx County,entered on or about April 23, 2013,
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 unless the appealis perfected for the January 2018 Term.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
------------------------------------XThe People of the State of New York,
Respondent,
-against- M-3106Ind. No. 1409/15
Miguel Perez,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 2, 2016, and froma judgment of resentence of said Court, rendered on or about May25, 2016, for leave to prosecute the appeals as a poor personupon the original record and a reproduced appellant's brief, andfor related relief,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofdeeming the notices of appeal as timely filed and permitting theappeals 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.
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-3106) -2- September 5, 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 appeals. The time within which appellant shallperfect the appeals is hereby enlarged until 120 days from thedate of filing of the record.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
------------------------------------XThe People of the State of New York,
Respondent,
-against- M-3450Ind. No. 489/16
Ricardo Sullivan,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 November 17, 2016, forleave to prosecute the appeal as a poor person upon the originalrecord and a reproduced appellant's brief, and for relatedrelief,
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 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.
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-3450) -2- September 5, 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
At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
------------------------------------XThe People of the State of New York,
Respondent,
-against- M-3782Ind. No. 2747/14
Bismark Duarte,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 23, 2017, for leave toprosecute the appeal as a poor person upon the original recordand a reproduced appellant's brief, 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 ofdeeming the moving papers as 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.
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-3782) -2- August 29, 2017
Robert S. Dean, Esq., Center for Appellate Litigation, 120Wall Street, 28th Floor, New York, New York 10006, Telephone No.212-577-2523, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shallperfect this appeal is hereby enlarged until 120 days from thedate of filing of the record.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
---------------------------------------XThe People of the State of New York,
Respondent,
-against- M-3676Ind. No. 4760/12
Ezequiel Rodriguez,Defendant-Appellant.
---------------------------------------X
An order of this Court having been entered on July 30, 2013(M-2938), granting defendant leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, New YorkCounty, rendered on or about April 30, 2013, and assigning StevenBanks, Esq., as counsel to prosecute the appeal; and a motionhaving been made to relieve such 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 ofstriking the designation of assigned successor 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 10006, 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
At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
--------------------------------------XThe People of the State of New York,
Respondent,
-against- M-3377 Ind. No. 2872/15
Jorge Rivera, also known as JorgeRivera Rojo,
Defendant-Appellant.--------------------------------------X
Defendant having moved for an enlargement of time in whichto file a notice of appeal from the judgment of the SupremeCourt, New York County, rendered on or about October 12, 2016,
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 deeming the moving papers a timely filed notice of appeal.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
--------------------------------------XThe People of the State of New York,
Respondent,
-against- M-3449 Ind. Nos. 2427/14
Christavian Trenier, 750/15
Defendant-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 November 1, 2016 and January4, 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 ofdeeming the moving papers a timely filed notice of appeal.
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 September 5, 2017.
Present: Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern
Peter H. Moulton, Justices,--------------------------------------XThe People of the State of New York,
Respondent,
-against- M-3794 Ind. No. 1519/16
Jose A. Gross, also known as Jose A. Grossseverino,
Defendant-Appellant.--------------------------------------X
Defendant having moved for an enlargement of time to file a notice of appeal from the judgment of the Supreme Court, NewYork County, rendered on or about December 20, 2016,
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 deeming the moving papers a timely filed notice of appeal.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer
Cynthia S. Kern Peter H. Moulton, Justices.
------------------------------------XThe People of the State of New York,
Respondent,
-against- M-3394Ind. No. 1585/15
Cyril Sheppard,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 28, 2016, for leaveto prosecute the appeal as a poor person upon the original recordand a reproduced appellant's brief, 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 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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding,Marcy L. Kahn Ellen GesmerCynthia S. Kern Peter H. Moulton, Justices.
---------------------------------------XQuanisha Smith and Anthony Colavecchio,et al.,
Petitioners-Respondents,
For a Judgment Pursuant to Article 78of the CPLR,
-against-
Robert Doar, as Commissioner of the M-3638New York City Human Resources Index No. 400903/10 Administration,
Defendant-Appellant,
-and-
Samuel Roberts, as Commissionerof the New York State Office ofTemporary and Disability Assistance,
Defendant-Appellant. ---------------------------------------X
Defendants-appellants having moved for an enlargement oftime to perfect the consolidated appeals from orders of theSupreme Court, New York County, entered on or about August 15,2013 and April 28, 2015,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeals to the January 2018Term.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding,Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
-----------------------------------------XProbate Proceeding, Will of Sandra Branch,
Deceased.-----------------------------------------XIn the Matter of the Petition of Gerald J. Duerr for a Determination that a RevocableTrust Agreement Dated November 6, 2012 by
Sandra S. Branch, M-3620
Grantor, File Nos. 2385A/13 2385D/13
Is Invalid and Ineffective,- - - - - - - - - - - - - - -
Sandra Branch Trust & Gerald J. DuerrPetitioners-Respondents,
Bonnie Diaz,Respondent-Appellant.
-----------------------------------------X
Respondent-appellant having moved for an enlargement of timeto perfect the appeal from an order of the Surrogate’s Court, NewYork County, entered on or about October 6, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding,Marcy L. KahnEllen GesmerCynthia S. KernPeter H. Moulton, Justices.
-----------------------------------XAdam Leitman Bailey, P.C.,
Plaintiff-Respondent,
-against- M-3621Index No. 157193/15
Jamal Alokasheh,Defendant-Appellant.
-----------------------------------X
Defendant-appellant having moved for an enlargement of timeto perfect the appeal from an order of the Supreme Court, NewYork County, entered on or about October 11, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick Justice Presiding,Marcy L. KahnEllen Gesmer Cynthia S. Kern Peter H. Moulton Justices,
-----------------------------------------XLukasz Gottwald, presently known as,Dr. Luke, Kasz Money, Inc. and Prescription Songs, LLC,
Plaintiffs-Respondents,
-against-
Kesha Rose Sebert, presently known asKesha, M-3630 Defendant-Appellant. Index No. 653118/14
- - - - - - - - - - - - - - -Kesha Rose Sebert, presently known asKesha, Counterclaim Plaintiff-Appellant,
-against-
Lukasz Gottwald, presently known asDr. Luke, Kasz Money, Inc., Prescription Songs, LLC, KemosabeRecords, LLC, Kemosabe Entertainment, LLC, Sony Music Entertainment, and Does 1-25, inclusive,
Counterclaim Defendants-Respondents. -----------------------------------------X
Defendant/counterclaim plaintiff-appellant having moved foran enlargement of time to perfect an appeal from the order of theSupreme Court, New York County, entered on or about April 6,2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
(M-3630) -2- September 5, 2017
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the April 2018 Term.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding,Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices,
-----------------------------------XJoel Raden, et al.,
Plaintiffs-Appellants,
-against- M-3657Index No. 111725/10
W7879, LLC, et al.,Defendants-Respondents.
-----------------------------------X
Plaintiffs-appellants having moved for an enlargement oftime to perfect an appeal from the order of the Supreme Court,New York County, entered on or about March 7, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding,Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
-------------------------------------XIn the Matter of the Application ofKeenan Britt,
Petitioner-Appellant,M-3664
For a Judgment Pursuant to Article 78 Index No. 105655/11 of the CPLR,
-against-
City of New York, et al.,Respondents-Respondents.
-------------------------------------X
Petitioner-appellant having moved for an enlargement of timeto perfect the appeal from an order of the Supreme Court, NewYork County, entered on or about June 21, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding,Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
-----------------------------------XH&L Thompson Street Associates,
Plaintiff-Appellant,
-against- M-3675Index No. 114285/09
177 Thompson Owners Corp., et al.,Defendants-Respondents.
-----------------------------------X
Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal from an order of the Supreme Court, NewYork County, entered on or about August 12, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
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 September 5, 2017.
Present - Hon. Barbara R. Kapnick, Justice Presiding,Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.
-----------------------------------XDanny Hamilton,
Plaintiff-Respondent,
-against- M-3868Index No. 301740/13
3339 Park Development LLC, et al.,Defendants-Appellants.
-----------------------------------X
Defendants-appellants having moved for an enlargement oftime to perfect the appeal from an order of the Supreme Court,Bronx County, entered on or about April 11, 2016,
Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the January 2018Term.
ENTERED:
_____________________ CLERK
JSUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT
BEFORE: Hon. Ellen GesmerJustice of the Appellate Division
XThe People of the State of New York,
M-2858Ind. No. 4192/90
-against- CERTIFICATEDENYING LEAVE
Behrooz Kanani,
Defendant.X
I, Ellen Gesmer, a Justice of the Appellate Division, First
Judicial Department, certify that the application of the above-
named defendant for a certificate pursuant to Criminal Procedure
Law sections 450.15 and 460.15 fails to properly present any
question of law or fact 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,
dated April 4, 2017 is denied.
Hon. Ellen GesmerAssoc/iate Jiÿtice
July 18, 2017New York, New York
Dated:
SEfO 5WENTERED:
JSUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT
BEFORE: Hon. Ellen GesmerJustice of the Appellate Division
XThe People of the State of New York,
M-3189Ind. No.2917/2015
-against- CERTIFICATEDENYING LEAVE
Carliss Mishoe,
Defendant.X
I, Ellen Gesmer, a Justice of the Appellate Division, First
Judicial Department, certify that, upon the application of the
above-named defendant for a certificate pursuant to Criminal
Procedure Law, sections 450.15 and 460.15, 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 May 19, 2017 is denied.
Hon./Ellen yGesmerAssociate Justice
July 20, 2017New York, New York
Dated:
ENTERED:
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT
BEFORE: Hon. Ellen GesmerJustice of the Appellate Division
XThe People of the State of New York,
M-3452Ind. No. 934/1992
-against- CERTIFICATEDENYING LEAVE
Terrence Jones,
Defendant.•X
I, Ellen Gesmer, a Justice of the Appellate Division, First
Judicial Department, certify that the application of the above-
named defendant for a certificate pursuant to Criminal Procedure
Law sections 450.15 and 460.15 fails to present any question of
law or fact 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
April 12, 2017 is denied.
Hon. Ellen GesmerAssociate Justice
August 16, 2017New York, New York
Dated:
5 WitENTERED:
✓
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT
Hon. Cynthia S. KernAssociate Justice of the Appellate Division
BEFORE:
XThe People of the State of New York,
M - 3736Ind. No. 2938/1997
-against- CERTIFICATEDENYING LEAVE
Maurice Hall,
Defendant.X
I, Cynthia S. Kern, 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, section 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 (Anthony J. Ferrara, J.), dated June
1, 2017, is hereby denied.
Dated: August 14, 2017
New York, New York
C.Hon. Cynthia S. Kern
Associate Justice
SEP 0 5 2017ENTERED:
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT
Hon. Cynthia S. KernAssociate Justice of the Appellate Division
BEFORE:
XThe People of the State of New York,
M - 3738Ind. No. 4363/2006
-against- CERTIFICATEDENYING LEAVE
George Hayes,
Defendant.X
I, Cynthia S. Kern, 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, New York County (Felicia A. Mennin, J.),
dated May 11, 2017, is hereby denied.
Dated: August 14, 2017
New York, New York
evicHon. Cynthia S. Kern
Associate Justice
ENTERED: SEP05 2®??
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT
Hon. Cynthia S. KernAssociate Justice of the Appellate Division
BEFORE:
XThe People of the State of New York,
M - 3739Ind. No. 4203/2000
CERTIFICATEDENYING LEAVE
-against-
Anthony Wager,
Defendant.X
I, Cynthia S. Kern, 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, New York County (Ruth Pickholz, J.), dated
April 27, 2017, is hereby denied.
Dated: August 15, 2017
New York, New York
Hon. Cynthia S. Kern
Associate Justice
ENTERED: SEP 0 5 2017
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT
Hon. Cynthia S. KernAssociate Justice of the Appellate Division
BEFORE:
XThe People of the State of New York,
M - 3744Ind. No. 8472/1999
-against- CERTIFICATEDENYING LEAVE
Jose Maurad,
Defendant.X
I, Cynthia S. Kern, 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, New York County (Arlene D. Goldberg, J.),
dated April 24, 2017, is hereby denied.
Dated: August 14, 2017
New York, New York
Hon. Cynthia S. Kern
Associate Justice
$£P ft5 28*1ENTERED:
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT
Hon. Cynthia S. KernAssociate Justice of the Appellate Division
BEFORE:
XThe People of the State of New York,
M - 3679Ind. No. 6194/2008
-against- CERTIFICATEDENYING LEAVE
Kenneth Powell,
Defendant.X
I, Cynthia S. Kern, 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 and 460, 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 (Bonnie Wittner, J.), entered
on or about April 19, 2017, is hereby denied.
Dated: August 14, 2017
New York, New York
Hon. Cynthia S. Kern
Associate Justice
ENTERED: SEP 0 5 201?
/SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT
BEFORE: HON. JEFFREY K. OINGJustice of the Appellate Division
X
The People of the State of New York,
Respondent, M-3846
Ind. No. 1811/14-against-
Titus McBride, ORDER DENYING ROR ORBAIL PENDING APPEAL
Defendant-Appellant.
X
An appeal having been taken to this Court by the above-named
defendant from the judgment of the Supreme Court, New York
County, rendered on or about February 24, 2017, and defendant
having moved, pursuant to CPL 460.50 and 530.50 for an order of
recognizance or to be admitted to bail pending hearing and
determination of the aforesaid appeal,
Now, upon reading and filing the notice of motion, with
proof of due service thereof, and the papers filed in support of
said motion, and further papers filed in relation thereto; and
due deliberation having been had thereon,
It is ordered that the motion be and the same hereby is
denied.
Dated: August 10, 2017New York, New York
HON. JEFFREY K. OINGAssociate Justice
ENTERED: SEP 05 2017
JSUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT
BEFORE: Hon. Rosalyn H. RichterJustice of the Appellate Division
XThe People of the State of New York,
M-3743Ind. No. 4864/90
-against-
Daniel Almonte,Defendant.
X
The above-named defendant having moved for an extension oftime to file a certificate pursuant to Criminal Procedure Law,sections 450.15 and 460.15 for leave to appeal from the order ofthe Supreme Court, New York, 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,
'tj.
It is ordered that the motion is granted to the extent ofgranting defendant leave to file the certificate within 90 daysfrom the date of entry hereof.
Hon. Rosalyn/H. Richter
Dated: August 8, 2017New York, New York
SEP 05 ZOt?ENTERED: