at a term of the appellate division of the supreme …...anil c. singh, justices. -----x in the...

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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 28, 2017. Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices. -------------------------------------X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint Application of Thomas J. Killeen and Juliana C. Terian for the Appointment of a Successor Co-Trustee of the Trusts under the Will of Peter G. Terian, SURROGATE’S COURT M-4383 Deceased. File No. 2002-3871//IJ - - - - - - - - - - - - - - - Juliana C. Terian, Petitioner-Respondent, Thomas J. Killeen, Petitioner-Respondent, -and- Robert Wurmbrand, Respondent-Appellant. -------------------------------------X An appeal having been taken to this Court from the order of the Surrogate’s Court, New York County, entered on or about July 26, 2017, And respondent-appellant having moved for a stay of the aforesaid order, and a stay of the newly appointed Board of Managers and the new Officers of Ralleye Motors from acting in their new capacity, pending hearing and determination of the appeal, and for related relief,

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Page 1: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 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 of Thomas J. Killeen for Permission toResign and the Joint Application of Thomas J. Killeen and Juliana C. Terian for the Appointment of a Successor Co-Trustee of the Trusts under the Will of

Peter G. Terian, SURROGATE’S COURT M-4383

Deceased. File No. 2002-3871//IJ - - - - - - - - - - - - - - -

Juliana C. Terian,Petitioner-Respondent,

Thomas J. Killeen,Petitioner-Respondent,

-and-

Robert Wurmbrand,Respondent-Appellant.

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

An appeal having been taken to this Court from the order of the Surrogate’s Court, New York County, entered on or aboutJuly 26, 2017,

And respondent-appellant having moved for a stay of theaforesaid order, and a stay of the newly appointed Board ofManagers and the new Officers of Ralleye Motors from acting in their new capacity, pending hearing and determination of the appeal, and for related relief,

Page 2: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

(M-4383) -2- September 28, 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 denied.

ENTERED:

_____________________ CLERK

Page 3: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present: Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices. --------------------------------------XIn the Matter of a Support ProceedingUnder Article 4 of the Family Court Act. CONFIDENTIAL - - - - - - - - - - - - - - - M-3897 Julius K., Docket No. F-1505-91/14G

Petitioner-Appellant,

-against-

Ileana K., Respondent-Respondent.---------------------------------------X

Petitioner-appellant having moved, pro se, for leave toprosecute, as a poor person, the appeal taken from an order of the Family Court, Bronx County, entered on or about March 6,2015, 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 Article 18b of the County Law and§1120 of the Family Court Act, Steven N. Feinman, Esq., One NorthBroadway, Suite #412, White Plains, NY 10601, Telephone No. (914)949-8214, as counsel for purposes of prosecuting the appeal; (2)directing the Clerk of said Family Court to have transcribed theminutes of the proceedings held therein, for inclusion in the

Page 4: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

(M-3897) -2- September 28, 2017

record on appeal, the cost thereof to be charged against the Cityof New York from funds available therefor1 within 30 days (FCA1121[7]) of service of a copy of this order upon the Clerk; (3)permitting appellant to dispense with any fee for the transfer of the record from the Family Court to this Court. The Clerk ofthe Family Court shall transfer the record upon receipt of thisorder; and (4) appellant is directed to perfect this appeal, incompliance with Rule 600.11 of the Rules of this Court, within 60days of receipt of the transcripts. Assigned counsel is directedto immediately serve a copy of this order upon the Clerk of theFamily Court.

ENTERED:

_____________________ CLERK

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

Page 5: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Barbara R. Kapnick, Justice Presiding,Marcy L. KahnEllen GesmerCynthia S. KernPeter H. Moulton, Justices.

-----------------------------------XEddie Rosario,

Plaintiff-Appellant,

-against- M-3229Index No. 301461/13

Cablevision Systems, et al.,

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

Plaintiff-appellant having moved for an enlargement of time to perfect an appeal from the order of the Supreme Court,Bronx County, entered on or about August 23, 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

Page 6: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.

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

Prospect Union Associates,

Petitioner-Landlord-Respondent, M-3710 M-3832

-against- Civil Court L&T No. 46932/15Carlos DeJesus and Bienvenida DeJesus, Supreme Court, NY County Index No. 570838/16

Respondents-Tenants-Appellants.

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

Respondents-tenants-appellants move for leave to appeal to this Court from the decision and order of the Appellate Term, First Department, entered in the Office of the Clerk of the Supreme Court, New York County, on or about June 6, 2017; to stay enforcement of the aforesaid order; and to enjoinexecution of the warrant of eviction pending the hearing anddetermination of the within motion and subsequent appeal(M-3710),

And petitioner-landlord-respondent cross-moves for an orderdenying respondents-tenants’ motion for leave to appeal, andvacating the stay of eviction (M-3832),

And, in an interim order entered on July 12, 2017, a Justice of this Court issued a stay of eviction pending the determination of the within motion,

Page 7: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

(M-3719/M-3832) -2- September 28, 2017

Now, upon reading and filing the papers with respect to themotion and cross motion, and the interim order of a Justice ofthis Court entered July 12, 2017, and due deliberation havingbeen had thereon,

It is ordered that the respondents-tenants’ motion for leave to appeal the Appellate Term order, to stay enforcement of the aforesaid order, and to enjoin execution of the warrant of eviction, pending hearing and determination of the appeal, is granted. Appellants shall file two copies of the pre-argumentstatement, and a copy of this order, with the Clerk of theAppellate Term, with proof of service, pursuant to Section 600.17of the Rules of this Court (M-3710). Petitioner-landlord’s crossmotion is denied (M-3832).

ENTERED:

_____________________ CLERK

Page 8: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Rolando 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-4582Ind. No. 5802/12

-against-

Robert Solomon,

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

An appeal having been taken from a judgment of the SupremeCourt, New York County, rendered on or about April 7, 2015,

Now, upon reading and filing the stipulation of the partieshereto, dated August 23, 2017, and due deliberation having beenhad thereon,

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

ENTERED:

_______________________ CLERK

Page 9: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Rolando 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-4615Ind. No. 3651/15

-against-

Rayvon Walker,

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

An appeal having been taken from a judgment of the SupremeCourt, New York County, rendered on or about March 16, 2016,

Now, upon reading and filing the stipulation of the partieshereto, dated August 17, 2017, and due deliberation having beenhad thereon,

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

ENTERED:

_____________________ CLERK

Page 10: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

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

---------------------------------------XIn the Matter of the Application forthe Custody and Guardianship of

Montrell Amere D., also known as Montrell D.,

A Child Under 18 Years of AgePursuant to §384-b of the Social Services Law of the State of New York.

- - - - - - - - - - - -Sheltering Arms Children and FamilyServices, et al., M-4341

Petitioners-Respondents, Docket No. B-407/16

Miguel Angel D., Jr., also known as Miguel A. D., Jr., also known as Miguel D.,

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

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

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

Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal from an Order of Findings of Fact,Conclusions of Law and Final Order of Disposition of the FamilyCourt, Bronx County, entered on or about July 24, 2017, and forassignment of counsel, a free copy of the transcript, and forrelated relief,

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

Ordered that, sua sponte, the notice of appeal from theorder entered on or about July 24, 2017, is deemed timely filed,and it is further,

Page 11: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

(M-4341) -2- September 28, 2017

Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Larry S. Bachner, P.C., C/OBachner & Associates, P.C., 39 Broadway, Suite #1610, New York,NY 10006, Telephone No. 917-674-9516, as counsel for purposes ofprosecuting the appeal; (2) directing the Clerk of said FamilyCourt to have transcribed the minutes of the proceedings heldtherein, for inclusion in the record on appeal, the cost thereofto be charged against the City of New York from funds availabletherefor1 within 30 days (FCA 1121[7]) of service of a copy ofthis order upon the Clerk; (3) permitting appellant to dispensewith any fee for the transfer of the record from the Family Courtto this Court. The Clerk of the Family Court shall transfer therecord upon receipt of this order; and (4) appellant is directedto perfect this appeal, in compliance with Rule 600.11 of theRules of this Court, within 60 days of receipt of thetranscripts. Assigned counsel is directed to immediately serve acopy of this order upon the Clerk of the Family Court.

ENTERED:

_____________________ CLERK

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

Page 12: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 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-4363George A., Docket Nos. V-10013-4/13/16D Petitioner-Respondent, V-20361-2/14/16A

-against-

Josephine D., Respondent-Appellant - - - - - - - - - - - - - -Children’s Law Center,

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

Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the FamilyCourt, Bronx County, entered on or about June 9, 2017, and forassignment of counsel, a free copy of the transcript, and forrelated relief,

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

Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Bruce A. Young, Esq., 100 ChurchStreet, Suite #800, New York, NY 10007, Telephone No. (212) 965-0050, as counsel for purposes of prosecuting the appeal; (2) directing the Clerk of said Family Court to have transcribed

Page 13: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

(M-4363) -2- September 28, 2017

the minutes of the proceedings held therein, for inclusion in the record on appeal, the cost thereof to be charged against the City of New York from funds available therefor1 within 30days (FCA 1121[7]) of service of a copy of this order upon theClerk; (3) permitting appellant to dispense with any fee for thetransfer of the record from the Family Court to this Court. TheClerk of the Family Court shall transfer the record upon receiptof this order; and (4) appellant is directed to perfect thisappeal, in compliance with Rule 600.11 of the Rules of thisCourt, within 60 days of receipt of the transcripts. Assignedcounsel is directed to immediately serve a copy of this orderupon the Clerk of the Family Court.

ENTERED:

_____________________ CLERK

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

Page 14: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 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 Custody/VisitationProceeding Under Article 6 of the Family Court Act. - - - - - - - - - - - - - - - CONFIDENTIAL Melissa M., M-4411 Petitioner-Appellant, Docket No. V-2570/17

-against-

Brandon L., Respondent-Respondent.--------------------------------------X

Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the FamilyCourt, Bronx County, entered on or about May 24, 2017, and forassignment of counsel, a free copy of the transcript, and forrelated relief,

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

Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Leslie S. Lowenstein, Esq., 567Sunset Drive, Woodmere, NY 11598, Telephone No. (516) 374-1962,as counsel for purposes of prosecuting the appeal; (2) directingthe Clerk of said Family Court to have transcribed the minutes ofthe proceedings held therein, for inclusion in the record on

Page 15: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

(M-4411) -2- September 28, 2017

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

ENTERED:

_____________________ CLERK

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

Page 16: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 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 Custody/VisitationProceeding Under Article 6 of the Family Court Act. - - - - - - - - - - - - - - - - CONFIDENTIALCalvin B., M-4376 Petitioner-Respondent, Docket Nos. V-38513/14 V-38514/14 -against- V-38515/14

Tikema M., Respondent-Appellant.---------------------------------------X

Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the FamilyCourt, New York County, entered on or about June 26, 2017, andfor assignment of counsel, 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, it is

Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Leslie S. Lowenstein, Esq., 567 Sunset Drive, Woodmere, NY 11598, Telephone No. (516) 374-1962, as counsel for purposes of prosecuting the appeal; (2)directing the Clerk of said Family Court to have transcribed theminutes of the proceedings held therein, for inclusion in the

Page 17: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

(M-4376) -2- September 28, 2017

record on appeal, the cost thereof to be charged against the Cityof New York from funds available therefor1 within 30 days (FCA1121[7]) of service of a copy of this order upon the Clerk; (3)permitting appellant to dispense with any fee for the transfer ofthe record from the Family Court to this Court. The Clerk of theFamily Court shall transfer the record upon receipt of thisorder; and (4) appellant is directed to perfect this appeal, incompliance with Rule 600.11 of the Rules of this Court, within 60days of receipt of the transcripts. Assigned counsel is directedto immediately serve a copy of this order upon the Clerk of theFamily Court.

ENTERED:

_____________________ CLERK

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

Page 18: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

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

Daniela P. C., and Arianny C. C., CONFIDENTIALChildren Under 18 Years of Age Alleged M-4381to be Neglected Under Article 10 of the Family Court Act. Docket Nos. NN-47707/16 - - - - - - - - - - - - - - - - NN-41216/16Administration for Children’s Services, Petitioner-Respondent,

Maria C. A., Respondent-Appellant.

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

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

Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the FamilyCourt, New York County, entered on or about July 5, 2017, and for assignment of counsel, a free copy of the transcript, and for related relief,

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

Page 19: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

(M-4381) -2- September 28, 2017

Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Carol L. Kahn, Esq., 225 Broadway,Suite #1510, New York, NY 10007, Telephone No. (212) 227-0206, ascounsel for purposes of prosecuting the appeal; (2) directing theClerk of said Family Court to have transcribed the minutes of theproceedings held therein, for inclusion in the record on appeal,the cost thereof to be charged against the City of New York fromfunds available therefor1 within 30 days (FCA 1121[7]) of serviceof a copy of this order upon the Clerk; (3) permitting appellantto dispense with any fee for the transfer of the record from theFamily Court to this Court. The Clerk of the Family Court shalltransfer the record upon receipt of this order; and (4) appellantis directed to perfect this appeal, in compliance with Rule600.11 of the Rules of this Court, within 60 days of receipt ofthe transcripts. Assigned counsel is directed to immediatelyserve a copy of this order upon the Clerk of the Family Court.

ENTERED:

_____________________ CLERK

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

Page 20: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

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

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

Patrice Promise Nevaeh H. W., Sania Melva S. W., Anthony Yehuda S. W., Amya Elaine S. W., and Natalie Faith H. W.,

Children Under 18 Years of Age Allegedto be Abused and/or Neglected Under Article 10 of the Family Court Act. CONFIDENTIAL

- - - - - - - - - - - - - M-963Administration for Children’s Docket No. NA-23487/13Services, NA-23488/13 Petitioner-Respondent, NA-23489/13 NA-23490/13Marcia McG.-W., NA-23491/13

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

Lewis S. Calderon, Esq., Attorney for the Child Anthony Yehudah S. W., (Child-Appellant),

Kenneth M. Tuccillo, Esq., Attorney for the Child Natalie Faith H. W.,

Patricia L. Moreno, Esq., Attorney for the Child Sania Melva S. W.,

Page 21: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

(M-963) -2- September 28, 2017

Aleza Ross, Esq., Attorney for the Child Amya Elaine S. W.,

Larry S. Bachner, Esq., Attorney for the Child Patrice Promise Nevaeh H. W. ---------------------------------------X

An appeal having been taken by the subject child, Anthony Yehudah S. W., from an order of the Family Court, Bronx County, entered on or about October 6, 2015,

And Lewis S. Calderon, Esq., assigned counsel for subjectchild, Anthony Yehudah S. W., having moved on said child’s behalfto withdraw the aforesaid appeal,

Now, upon reading and filing the papers with respect to themotion, and the stipulation of the parties, dated February 21,2017, and due deliberation having been had thereon,

It is ordered that appeal is withdrawn.

ENTERED:

_____________________ CLERK

Page 22: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 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 Custody/VisitationProceeding Under Article 6 of the Family Court Act. - - - - - - - - - - - - - - - Yasmin A . , CONFIDENTIAL Petitioner-Respondent, M-4364 Docket No. V-43149-15/16A -against-

Patricia S., Respondent-Appellant.

- - - - - - - - - - - - - - -Anna Schissel, Esq., Lawyers for Children,

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

Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the FamilyCourt, New York County, entered on or about July 19, 2017, andfor assignment of counsel, a free copy of the transcript, and forrelated relief,

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

Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Bruce A. Young, Esq., 100 ChurchStreet, Suite #800, New York, NY 10007, Telephone No. (212) 965-0050, as counsel for purposes of prosecuting the appeal; (2)directing the Clerk of said Family Court to have transcribed the

Page 23: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

(M-4363) -2- September 28, 2017

minutes of the proceedings held therein, for inclusion in therecord on appeal, the cost thereof to be charged against the Cityof New York from funds available therefor1 within 30 days (FCA1121[7]) of service of a copy of this order upon the Clerk; (3)permitting appellant to dispense with any fee for the transfer of the record from the Family Court to this Court. The Clerk ofthe Family Court shall transfer the record upon receipt of thisorder; and (4) appellant is directed to perfect this appeal, incompliance with Rule 600.11 of the Rules of this Court, within 60days of receipt of the transcripts. Assigned counsel is directedto immediately serve a copy of this order upon the Clerk of theFamily Court.

ENTERED:

_____________________ CLERK

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

Page 24: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

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

Bryce Raymond R., also known as Byrce Raymond R., also known as Bryce R., CONFIDENTIAL M-3882A Dependent Child Under 18 Years of Docket No. B-44172/15 Age Pursuant to §384-b of the Social Services Law of the State of New York.

- - - - - - - - - - - - - - -The New York Foundling Hospital,

Petitioner-Respondent,

Ann M., also known as Ann Janine M.-Z.,Respondent-Appellant.- - - - - - - - - - - - - - -

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

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

Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the FamilyCourt, New York County, entered on or about May 24, 2017, and for assignment of counsel, a free copy of the transcript, and for related relief,

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

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(M-3882) -2- September 28, 2017

Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Richard L. Herzfeld, Esq., 112Madison Avenue, 8th Floor, New York, NY 10016, Telephone No.(212) 818-9019, as counsel for purposes of prosecuting theappeal; (2) directing the Clerk of said Family Court to havetranscribed the minutes of the proceedings held therein, forinclusion in the record on appeal, the cost thereof to be chargedagainst the City of New York from funds available therefor1

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

ENTERED:

_____________________ CLERK

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

Page 26: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 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 Custody/VisitationProceeding Under Article 6 of the Family Court Act. - - - - - - - - - - - - - - Tamba D., CONFIDENTIAL Petitioner-Appellant, M-3936

Docket Nos. V-23819-14 -against- V-23819-14/14A

V-23820-14 Houlenat D., V-23820-14/14A Respondent-Respondent. V-23821-14

- - - - - - - - - - - - - - V-23821-14/14AJo Ann Douglas, Esq.,

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

Dana Stricker, Esq., Family Court attorney for the subjectchildren, having moved on said childrens' behalf for leave torespond, as poor persons, to the appeal taken from the order of the Family Court, Bronx County, entered on or about March 31,2017, and for assignment of counsel, for 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, Jo AnnDouglas, Esq., 170 Second Avenue, New York, NY 10003, TelephoneNo. (212) 673-2895, as counsel for purposes of responding to the

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(M-3936) -2- September 28, 2017

appeal; (2) permitting movant to respond to the appeal upon areproduced respondent’s brief, on condition that one copy of suchbrief be served upon the attorney for petitioner-appellant and 8 copies thereof are filed with this Court.

ENTERED:

_____________________ CLERK

Page 28: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 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 Custody/VisitationProceeding Under Article 6 of the Family Court Act. - - - - - - - - - - - - - - - CONFIDENTIALAhdawantazalam A., M-4362 Petitioner-Appellant, Docket Nos. V-43205/15 V-30821/16 -against-

Georgilia A., Respondent-Respondent. - - - - - - - - - - - - - - -Kenneth M. Tuccillo, Esq., Attorney for the Child.--------------------------------------X

Deborah Nadler, Esq., court attorney for the subject child,having moved on the child's behalf for leave to respond, as apoor person, to the appeal taken from the order of the FamilyCourt, New York County, entered on or about June 19, 2017, andfor assignment of counsel, a free copy of the transcript, and forrelated relief,

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

It is ordered that the motion is granted to the extent of (1) assigning, pursuant to §1120 of the Family Court Act,Kenneth M. Tuccillo, Esq., 591 Warburton Avenue, #576, Hasting on Hudson, New York, NY 10706, Telephone No. (914) 439-4843, as

Page 29: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

(M-4362) -2- September 28, 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 petitioner-appellant and 8 copies thereof arefiled with this Court.

ENTERED:

_____________________ CLERK

Page 30: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 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 forCustody/Visitation Under Article 6of the Family Court Act. CONFIDENTIAL - - - - - - - - - - - - - - M-4414 Calvin B., Docket Nos. V-38513/14 Petitioner-Respondent, V-38514/14 V-38515/14 -against-

Tikema M., Respondent-Appellant.------------------------------------X

Petitioner-respondent having moved for leave to respond, asa poor person, to the appeal taken from the order of the FamilyCourt, New York County, entered on or about June 26, 2017, andfor assignment of counsel, a free copy of the transcript, and forrelated relief,

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

It is ordered that the motion is granted to the extent of(1) assigning, pursuant to §1120 of the Family Court Act, KennethM. Tuccillo, Esq., 591 Warburton Avenue #576, Hasting on Hudson,New York, 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

Page 31: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 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 forSupport Under Article 4 of theFamily Court Act.

- - - - - - - - - - - - - - CONFIDENTIALCarmen R., M-4522

Petitioner-Appellant, Docket No. F-4968-15/16D

-against-

Luis I.,Respondent-Respondent.

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

Respondent-respondent having moved for leave to respond, as a poor person, to the appeal from the order of the FamilyCourt, Bronx County, entered on or about June 5, 2017, and forassignment of counsel, a free copy of the transcript, and forrelated relief,

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

It is ordered that the motion is granted to the extent of (1) assigning, pursuant to §1120 of the Family Court Act,Richard L. Herzfeld, Esq., 112 Madison Avenue, 8th Floor, New York, NY 10016, Telephone No. 212-818-9019, as counsel for purposes of responding to the appeal; (2) permitting movantto respond to the appeal upon a reproduced respondent’s brief, oncondition that one copy of such brief be served upon the attorneyfor petitioner-appellant and 8 copies thereof are filed with thisCourt.

ENTERED:

_____________________ CLERK

Page 32: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Peter Tom, Justice Presiding, John W. Sweeny, Jr. Sallie Manzanet-Daniels Richard T. Andrias Karla Moskowitz, Justices.

---------------------------------------XIn re Embassy House Eat LLC,

Petitioner-Appellant, M-3597

-against- Index No. 500099/15

Dyan P by Her Article 81 Guardian JASA,

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

Petitioner-appellant having moved for reargument of thedecision and order of this Court, entered on June 8, 2017 (AppealNo. 4191),

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

Page 33: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 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,

-against- M-3140Ind. No. 5749/09

Arthur Franklin,

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

A decision and order of this Court having been entered onMarch 15, 2016 (Appeal No. 517), unanimously affirming a judgmentof the Supreme Court, New York County (Gregory Carro, J. atmotion to controvert search warrant; Thomas Farber, J. at initialsuppression hearing; Edward J. McLaughlin, J. at continuedsuppression hearing; Ruth Pickholz, J. at plea and sentencing),rendered on January 9, 2012, as amended March 7, 2012,

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

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

It is ordered that said application is denied.

ENTERED:

_____________________ CLERK

Page 34: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 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,

-against- M-1830Ind. No. 547/01

Jason Lopez,

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

A decision and order of this Court having been entered onJanuary 10, 2006 (Appeal No. 7540), unanimously affirming ajudgment of the Supreme Court, Bronx County (John A. Barone, J.),rendered on February 26, 2004,

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

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

It is ordered that said application is denied.

ENTERED:

_____________________ CLERK

Page 35: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Rolando T. Acosta, Presiding Justice, Peter Tom Rosalyn H. Richter Sallie Manzanet-Daniels Marcy L. Kahn, Justices.

--------------------------------------XRoxana Robinson,

Plaintiff-Appellant,

-against- M-2136Index No. 106847/11

Brooks Shopping Centers, LLC,et al.,

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

Macerich Management Co., et al.,Third-Party Plaintiffs-Appellants,

-against- Index No. 590387/12

Montesano Bros., Inc.,Third-Party Defendant-Respondent.- - - - - - - - - - - - - - -

Macerich Management Co., et al.,Second Third-Party Plaintiffs-Appellants,

-against- Index No. 590834/13

UGL Services Unicco Operations Co.,formerly known as Unicco Service Company doing business as UGL Unicco,

Second Third-Party Defendant-Respondent.

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

Third-party defendant-respondent Montesano Brothers, Inc.having moved for reargument of the decision and order of thisCourt, entered on March 16, 2017 (Appeal No. 3295),

Page 36: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

(M-2136) -2- September 28, 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 denied.

ENTERED:

_____________________ CLERK

Page 37: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 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,

-against- M-1390Ind. No. 5501/94

Omar Alvarez,

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

A decision and order of this Court having been entered onSeptember 28, 2000 (Appeal No. 1712), unanimously affirming ajudgment of the Supreme Court, New York County (Leslie CrockerSnyder, J.), rendered on January 30, 1996,

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

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

It is ordered that said application is denied.

ENTERED:

_____________________ CLERK

Page 38: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 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

-against- M-897Ind. No. 7764/93

Jamile Hankins, also known as Jamile Hawkins,

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

Defendant having moved for an order granting his applicationfor coram nobis relief on the grounds he was allegedly deniedeffective assistance of trial cousel by reason of trial counsel’sfailure to file a timely notice of appeal on defendant’s behalf,pursuant to CPL 460.30, from the judgment of the Supreme Court,Bronx County, rendered on or about January 4, 1994,

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

Page 39: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Departmentin the County of New York on September 28, 2017.

Present: Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli Richard T. Andrias Jeffrey K. Oing Anil C. Singh, Justices.

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

CONFIDENTIALJoseph M., M-4551

Plaintiff-Respondent, Index No. 3360/11

-against-

Jacquelin M.,Defendant-Appellant.

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

Defendant having moved for leave to prosecute, as a poorperson, the appeals taken from the order, and the order andjudgment, of the Supreme Court, Bronx County, both entered on orabout July 21, 2017, and for assignment of counsel, a free copyof the transcript, and for a stay of the order, pending hearingand determination of the aforesaid appeals, and 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, and the interim reliefgranted by the order of a Justice of this Court, dated August 23,2017, is vacated.

ENTERED:

_____________________ CLERK

Page 40: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli Richard T. Andrias Jeffrey K. Oing Anil C. Singh, Justices.

------------------------------------xIn the Matter of the Arbitration Between

State Farm Mutual Automobile M-3367Insurance Company, Index No. 155461/17

Petitioner,

-against-

Adam Rotblut,Respondent.

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

Petitioner having moved, pursuant to CPLR 5704(a), forcertain relief denied by a Justice of the Supreme Court, New YorkCounty, on or about June 15, 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 denied.

ENTERED:

_____________________ CLERK

Page 41: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

PRESENT: Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Karla Moskowitz Ellen Gesmer, Justices.

-------------------------------------XMargaret McGowan,

Plaintiff-Respondent,

-against- M-4185 Index No. 151958/12 Metropolitan Transportation AuthorityBus Company, et al.,

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

Defendants-appellants having moved for an enlargement oftime to perfect the appeal taken from the order of the SupremeCourt, New York County, entered on or about July 18, 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

Page 42: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

PRESENT: Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Karla Moskowitz Ellen Gesmer, Justices.

-----------------------------------XHGSG-NA Land Power 1, LLC, a Delaware Limited Liability Company,

Plaintiff-Appellant,

-against- M-4581Index No. 150415/16

PSEG Power LLC, a Delaware LimitedLiability Company, et al.,

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

Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal taken from the order of the Supreme Court,New York County, entered on or about August 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 February 2018Term.

ENTERED:

_____________________ CLERK

Page 43: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Karla Moskowitz Barbara R. Kapnick, Justices. ---------------------------------------XViktor Gecaj,

Plaintiff-Appellant, M-2954

-against- Index No. 300014/11

Gjonaj Realty & Management Corp.,et al.,

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

Defendants-respondents having moved for leave to appeal tothe Court of Appeals from the decision and order of this Court,entered on April 25, 2017 (Appeal No. 2909N),

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

Page 44: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Richard T. Andrias Karla Moskowitz Ellen Gesmer, Justices.

------------------------------------XReliable Abstract Co., LLC,

Plaintiff-Respondent,

-against-M-4305

45 John Lofts, LLC, et al., Index No. 653850/14 Defendants,

Chaim Miller, also known as HarryMiller,

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

Defendant-appellant having moved for reargument of, or inthe alternative, for leave to appeal to the Court of Appeals,from the decision and order of this Court, entered on July 11,2017 (Appeal Nos. 4442N-4442NA),

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

Page 45: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. David Friedman, Justice Presiding, Karla Moskowitz Marcy L. Kahn Peter H. Moulton, Justices. ---------------------------------------XGedula 26, LLC, et al.,

Plaintiffs-Respondents-Appellants, M-3429

-against- Index No. 653977/14

Lightstone Acquisitions III LLC,et al.,

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

Defendants-appellants-respondents having moved forreargument of, or in the alternative, for leave to appeal to theCourt of Appeals, from the decision and order of this Court,entered on May 23, 2017 (Appeal No. 4071),

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

Page 46: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. John W. Sweeny, Jr. Justice Presiding, Dianne T. Renwick Richard T. Andrias Ellen Gesmer, Justices.

---------------------------------------XJanina Wilk, etc., et al.,

Plaintiffs-Respondents,

-against- M-3190Index Nos. 105784/10

Columbia University, et al., 590780/10Defendants-Appellants, 590410/11

590789/11A.C.T. Abatement Corporation, et al.,

Defendants-Respondents.- - - - -

Columbia University, et al., Third-Party Plaintiffs-Appellants,

-against-

A.C.T. Abatement Corporation,Third-Party Defendant-Respondent.

- - - - -A.C.T. Abatement Corporation,

Second Third-Party/Fourth-Party Plaintiff-Respondent,

-against-

Total Safety Consulting, LLC,Second Third-Party/Fourth-Party Defendant-Respondent.

- - - - -Total Safety Consulting, LLC,

Third Third-Party Plaintiff-Respondent,

-against-

Breeze National, Inc.,Third Third-Party Defendant-Respondent.

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

Page 47: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

(M-3190) -2- September 28, 2017

Defendant-respondent A.C.T. Abatement Corp. having moved for reargument of, or in the alternative, for leave to appeal tothe Court of Appeals, from the decision and order of this Court,entered on May 16, 2017 (Appeal Nos. 4007-4010),

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

Page 48: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

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

------------------------------------XHarry Winston, Inc., Plaintiff-Respondent,

M-4570 -against- Index No. 654888/17

Eclipse Jewelry, Corp., Defendant-Appellant.------------------------------------X

An appeal having been taken from two orders of the SupremeCourt, New York County, both entered on or about August 22, 2017,

And defendant-appellant having moved to stay any furtherproceedings, and to enjoin plaintiff from taking any action toenforce the aforesaid Supreme Court orders, pending hearing anddetermination of the appeal,

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

It is ordered that defendant’s motion is denied in itsentirety.

ENTERED:

_____________________ CLERK

Page 49: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

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

Jamel S.,Jaylen G.,Desire G.,Christopher G., and Carven S.,

Children Under 18 Years of Age CONFIDENTIALAlleged to be Neglected Under M-4504Article 10 of the Family Court Docket Nos. NN-36405-09/14Act.

- - - - - - - - - - - - - -Administration for Children’s Services,

Petitioner-Respondent,

Crystal G.,Respondent-Appellant.

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

An appeal having been taken to this Court from an order ofthe Family Court, New York County, entered on or about May 30,2017, on behalf of the child Carven S.,

And Vanessa J. Spears, Esq., having moved on behalf of thechild, Carven S., to withdraw 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 and the appeal isdeemed withdrawn.

ENTERED:

_____________________ CLERK

Page 50: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

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

---------------------------------------XAbax Lotus Ltd., et al.,

Plaintiffs-Appellants,

-against- M-2739Index No. 650047/13

China Mobile Media Technology, Inc.,et al.,

Defendants,

Zhang Zhengyu, etc.,Defendant-Respondent.

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

Defendant-respondent having moved for reargument of, or inthe alternative, for leave to appeal to the Court of Appeals,from the decision and order of this Court, entered on April 18,2017 (Appeal Nos. 3734-3734A),

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

Page 51: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2016.

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

-------------------------------------XThe People of the State of New Yorkex rel. Evans D. Prieston, Esq., on behalf of Ilyas Mamun, Petitioner-Appellant, M-4317 Index No. 260248/17

-against- Ind. No. 1198/17

Commissioner, Department ofCorrection, Respondent-Respondent.-------------------------------------X

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about July 29, 2017,

And, petitioner having moved for a reduction of bail pendingthe determination of his appeal from the aforesaid order whichdenied and dismissed his application for a writ of habeas corpus,

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

Page 52: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

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

----------------------------------XThomas Genova, Esq., Trustee ofBankruptcy Estate of ThomasSlockbower,

Plaintiff-Appellant, M-4090 Index No. 301797/12

-against-

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

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

Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal taken from an order of the Supreme Court,Bronx County, entered on or about July 8, 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

Page 53: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Karla Moskowitz Marcy L. Kahn Ellen Gesmer, Justices.

-------------------------------------XStanley Ostarch, Plaintiff-Respondent,

M-4631 -against- Index No. 108643/09

MTA, New York City Transit Authorityand Bernard A. Brathwaite, Defendants-Appellants.-------------------------------------X

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about March 21, 2017,and said appeal having been perfected,

And defendants-appellants having moved to stay trial pendingdetermination 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

Page 54: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

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

-------------------------------------------XIn the Matter of the Application ofBlack United Fund of New York, Inc.,

Petitioner,

Pursuant to Section 511 of the New M-4143York State Not-For-Profit Corporation Index No. 110537/05Law, for leave to convey the real estate Action No. 1located at 2261 Seventh Avenue (Block 1918,Lot 1), 2265 Seventh Avenue (Block 1918,Lot 3), 2267 Seventh Avenue (Block 1918,Lot 4), 2269 Seventh Avenue (Block 1918,Lot 63), and 2271-73 Seventh Avenue (Block 1918, Lot 61), New York, New York,a parcel of improved land.-------------------------------------------XBUFNY Houses Association, Willing WorkersBaptist Church, Atlanticrest,

Plaintiffs-Appellants,

-against-Index No. 451498/15

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

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

Non-party petitioner-appellant, BUFNY Houses Associates,having moved for an enlargement of time to perfect the appealstaken from an order of the Supreme Court, New York County,entered on or about January 20, 2015, and from a judgment of thesame Court and Justice, entered on or about October 31, 2016,

Page 55: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

(M-4143) -2- September 28, 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 ofenlarging the time to perfect the appeals to the February 2018Term, with no further enlargements to be granted.

ENTERED:

_____________________ CLERK

Page 56: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels

Richard T. Andrias Karla Moskowitz, Justices. ---------------------------------------xCrystal Biton, also known as CrytalBiton, also known as Saphyre Redford,

Petitioner, For a Judgment Pursuant to Article 78 M-2938of the CPLR, Index No. 102053/12

-against- Commission on Judicial Conduct of theState of New York,

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

An order of this Court having been entered on May 25, 2017(M-1315), denying petitioner’s motion for leave to prosecute theappeal from the order of the Supreme Court, New York County,entered on or about March 1, 2013, as a poor person, and suasponte, dismissing the appeal,

And petitioner having moved for reargument of the aforesaidorder of this Court (M-1315), and for poor person 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 in its entirety.

ENTERED:

_____________________ CLERK

Page 57: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017,

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

----------------------------------------XSW Productions, Inc.,

Plaintiff-Appellant-Respondent,

-against- M-4420 Index No. 652990/14 CBGB Festival, LLC, et al.,

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

An appeal and cross appeal having been taken from an order of the Supreme Court, New York County, entered on or about September 18, 2015, and said appeal having been perfected,

And defendants-respondents-appellants having moved for anenlargement of time to perfect their cross 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 cross appeal to the March 2018Term. Sua sponte, the perfected direct appeal is adjourned tosaid March 2018 Term.

ENTERED:

_____________________ CLERK

Page 58: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

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

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

Respondent,

-against- M-4450Ind. No. 2872/12

Ronald Jackson,Defendant-Appellant.

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

An appeal having been taken to this Court from a judgment ofthe Supreme Court, New York County, rendered on or about April 8,2014, and said appeal having been perfected,

And defendant-appellant having moved for leave to file a pro se supplemental brief in connection with the aforesaidappeal, for a copy of the trial transcripts, for an enlargementof time in which to file said pro se supplemental brief, and for a subpoena duces tecum for the Brady/Rosario transcripts and exhibits,

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

It is ordered that the motion is granted to the extent ofdirecting defendant to serve and file 8 copies of his pro sesupplemental brief on or before January 2, 2018 for the March2018 Term, to which Term the appeal is adjourned. The Clerk ofthe Court is directed to forward to the Warden at the Statecorrectional facility wherein defendant is incarcerated atranscript of the minutes relating to defendant's appeal, said

Page 59: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

(M-4450) -2- September 28, 2017

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

ENTERED:

_____________________ CLERK

Page 60: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

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

-----------------------------------XPecker Iron Works, LLC,

Plaintiff-Respondent,

-against- M-4501Index No. 651128/16

Beys Specialty, Inc., FederalInsurance Company,

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

Defendants-appellants having moved for an enlargement oftime to perfect the appeal taken from an order of the SupremeCourt, New York County, entered on or about November 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 February 2018Term.

ENTERED:

_____________________ CLERK

Page 61: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

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

---------------------------------------xIn the Matter of a Support ProceedingUnder Article 4 of the Family Court Act. - - - - - - - - - - - - - - - CONFIDENTIALHarry T., M-4467 Petitioner-Respondent, Docket Nos. F-40111/15-15a F-40113/15

-against-

Lana K.,Respondent-Appellant.

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

An appeal having been taken from an order of the FamilyCourt, New York County, entered on or about April 21, 2017,and said appeal having been perfected,

And petitioner-respondent having moved for leave to strikeportions of the respondent’s brief upon the grounds that itcontains materials de hors the record,

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

Page 62: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Barbara R. KapnickCynthia S. KernPeter H. Moulton, Justices.

---------------------------------------XEric L. Veloz,

Plaintiff-Appellant, M-4179 Index No. 303235/12

-against-

City of New York, and the New YorkCity Police Department,

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

Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal taken from an order of the Supreme Court,Bronx County, entered on or about July 8, 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

Page 63: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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

--------------------------------------XR.D., an infant, by his Mother andNatural Guardian, Claudia Rios-Datta, and Claudia Rios-Datta, Individually, Plaintiffs-Appellants, M-4104 Index No. 160673/13

-against-

The Educational Alliance, The 14th

Street Y and New Country Day Camp, Defendants-Respondents.--------------------------------------X

Plaintiffs-appellants having moved for an enlargement oftime to perfect the appeal taken from an order of the SupremeCourt, New York County, entered on or about June 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 February 2018Term.

ENTERED: September 28, 2017

_____________________ CLERK

Page 64: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.

-----------------------------------XWayne Charles,

Plaintiff-Appellant,

-against- M-3689Index No. 100117/16

Levitt & Kaiser, et al.,

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

Plaintiff-appellant having moved for an enlargement of timeto perfect an appeal from the order of the Supreme Court, NewYork County, entered on or about September 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

Page 65: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 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

CONFIDENTIALRomeo J., M-4191

Docket Nos. D-3933/17A Person Alleged to be a Juvenile D-4078/17Delinquent, D-4270/17

Respondent-Appellant.-----------------------------------x

An appeal having been taken to this Court from threedispositional orders of the Family Court, Bronx County, enteredon or about April 19, 2017, and said appeal having beenperfected,

And respondent-appellant having moved for a preference inhearing of the appeal, for his immediate release from detention,to amend the order assigning 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 denied.

ENTERED:

_____________________ CLERK

Page 66: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.

---------------------------------------xArizona Premium Finance Company, Inc.,

Plaintiff-Respondent,

-against- M-4147Index No. 654130/13

American Transit Insurance Co.,

Defendant-Appellant.---------------------------------------x

Defendant-appellant having moved for a stay of allproceedings pending hearing and determination of the appeal taken from the order of the Supreme Court, New York County,entered on or about May 2, 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 denied.

ENTERED:

_____________________ CLERK

Page 67: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 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 a Custody/VisitationProceeding Under Article 6 of theFamily Court Act.

- - - - - - - - - - - - -Ileana G., M-4430

Petitioner-Appellant, Docket Nos. V-24936-15/17AV-24949-15/17A

-against-

Roland D.,Respondent-Respondent.

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

Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal from an order of the Family Court,Bronx County, entered on or about July 17, 2017, and forassignment of counsel, a free copy of the transcript, and forrelated relief,

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

Ordered that the motion is denied, with leave to renew, uponproof of service of this motion and the notice of appeal upon theattorney for the child, and an affidavit which addresses whetherthe parties were assigned counsel in this proceeding.

ENTERED:

_____________________ CLERK

Page 68: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.

-----------------------------------XTishman Construction Corp. ofNew York,

Plaintiff-Respondent,

-against- M-4346Index No. 157609/14

Scottsdale Insurance Company,

Defendant-Appellant,

Ornamental InstallationSpecialists, Inc.,

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

Defendant-appellant having moved for an enlargement of timeto perfect an appeal from the order and judgment (one paper) ofthe Supreme Court, New York County, entered on or about August12, 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

Page 69: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.

-----------------------------------XLilowtie Ramsamujh, et al.,

Plaintiffs-Appellants,

-against- M-4031Index No. 306862/13

Christopher Nieves, et al.,

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

Plaintiffs-appellants having moved for an enlargement oftime to perfect an appeal from the order of the Supreme Court,Bronx County, entered on or about October 13, 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

Page 70: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.

-----------------------------------XRoger S. Roth,

Plaintiff-Respondent,

-against- M-4174Index No. 159191/15

Benjamin Ostrer, et al.,

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

Defendants-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 May 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

Page 71: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.

-----------------------------------XSoma Brasil RepresentacoesComerciais Ltda., et al.,

Plaintiffs-Appellants,

-against- M-4050Index No. 651886/15

JHSF Participacoes S.A., 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 September 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.

ENTERED:

_____________________ CLERK

Page 72: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.

-----------------------------------XAnthony Penza,

Plaintiff-Appellant,

-against- M-4043Index No. 109597/11

Olaf Quoohs, et al.,

Defendants-Respondents.- - - - -

[And Another Action]-----------------------------------X

Plaintiff-appellant having moved for an enlargement of timeto perfect an appeal from the order of the Supreme Court, NewYork County, entered on or about October 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

Page 73: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.

-----------------------------------XPaul W. Kaplan, et al.,

Plaintiffs-Respondents,

-against- M-4292Index No. 159584/13E

Priory Cab Corp., et al.,

Defendants-Appellants,

Anatoliy Tsirlin, et al.,

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

Defendants-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 July 1, 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

Page 74: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing, Justices. -----------------------------------------xUS Bank National Association as Trusteefor CSAB Mortgage-Backed Pass-ThroughCertificates Series 2006-1,

Plaintiff-Respondent,

-against- M-4373Index No. 111801/08

Carole Richards, Commissioner of SocialServices, etc., et al.,

Defendants-Appellants,

-and-

John Doe, et al.,Defendants.

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

Purported appeals having been taken to this Court fromorders of the Supreme Court, New York County, entered on or about November 25, 2015 and August 4, 2016,

And defendants-appellants having moved for a stay of acertain foreclosure sale, pending hearing and determination of the aforesaid appeals, and for other relief,

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

It is ordered that the motion is denied.

ENTERED:

_____________________ CLERK

Page 75: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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 28, 2017.

Present - Hon. Richard T. Andrias, Justice Presiding,Judith J. GischeCynthia S. KernJeffrey K. OingAnil C. Singh, Justices.

---------------------------------------XIn re Jocelyn Leka,

Petitioner-Appellant,

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

-against- M-4198 Index No. 102213/15The New York City Law Department,et al.,

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

Petitioner-appellant having moved for an enlargement oftime to perfect an appeal from the judgment of the Supreme Court,New York 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

Page 76: At a Term of the Appellate Division of the Supreme …...Anil C. Singh, Justices. -----X In the Matter of the Application of Thomas J. Killeen for Permission to Resign and the Joint

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

BEFORE: Hon. Sallie Manzanet-DanielsJustice of the Appellate Division

XThe People of the State of New York,

M-3830Ind. No. 3744/11

-against - CERTIFICATEGRANTING LEAVETO APPEAL TO THECOURT OF APPEALSRafael Sanabria,

Defendant.X

I, Sallie Manzanet-Daniels, a Justice of the AppellateDivision, First Judicial Department, do hereby certify that inthe record and proceedings herein* questions of law are involvedwhich ought to be reviewed by the Court of Appeals and pursuantto CPL 460.20, it is

ORDERED that permission hereby is granted to the above-namedappellant to appeal to the Court of Appeals.

x.

Justice of the ellate Division

Dated: September 11, 2017New York, New York

SEP 2 8 2017ENTERED:

♦Description of Order:

Supreme Court, New York County, entered on November 1, 2013App. Div., First Dept., Appeal No. 3324, Affd on June 1, 2017

Notice: Within 10 davs from the issuance of this certificate,a preliminary appeal statement must be filed with theClerk of the Court of Appeals pursuant to Rule 500.9