at a term of the appellate division of the supreme court ...the county of new york on may 26, 2016....

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on May 26, 2016.

PRESENT: Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli David Friedman John W. Sweeny, Jr.

Rolando T. Acosta, Justices.

------------------------------------XArmando Amador, Sr., et al.,

Plaintiffs-Respondents,

-against- M-2122X Index No. 303374/13Miguel A. Villaneuva, et al.,

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

An appeal having been taken from an order of the SupremeCourt, Bronx County, entered on or about January 13, 2016,

Now, after pre-argument conference, and upon reading andfiling the stipulation of the parties hereto, "so ordered" April 25, 2016, and due deliberation having been had thereon,

It is ordered that the appeal is withdrawn in accordancewith the aforesaid stipulation.

ENTER:

_____________________ CLERK




--------------------------------------XCynthia C. Barrera and Lisandro Perez,


-against- M-2123X Index No. 117464/09Allan S. Stewart, M.D.,

Defendant-Appellant,

Mona Fores, M.D., et al.,Defendants-Appellants.

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

Appeals having been taken from an order of the SupremeCourt, New York County, entered on or about July 24, 2015,

Now, after pre-argument conference, and upon reading andfiling the stipulation of the parties hereto, "so ordered" April 25, 2016, and due deliberation having been had thereon,

It is ordered that the appeals are withdrawn in accordancewith the aforesaid stipulation.

ENTER:

_____________________ CLERK


Present - Hon. Peter Tom Justice Presiding, Angela M. Mazzarelli David Friedman John W. Sweeny, Jr. Rolando T. Acosta, Justices.

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

Jose A., M-2160 DC # 2

A Person Alleged to be a Juvenile Docket No. D-17825-09/09A Delinquent,

Respondent-Appellant.

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

An appeal having been taken by respondent from the orderof the Family Court, New York County, entered on or aboutDecember 4, 2009,

And said appeal not having been brought on for hearingpursuant to the provisions of the Rules of Practice of theAppellate Division, First Department,

And a calendar call having been held by the Clerk of theCourt pursuant to Rule 600.12(c) of said Rules of Practice, andcounsel for appellant having informed this Court that she wouldreview the matter, and there being no response thereto,

Now, upon the Court's own motion, and the correspondencefrom the attorney for respondent-appellant, and due deliberation having been had thereon,

It is ordered that the aforesaid appeal is deemedwithdrawn.

ENTER:

_____________________ CLERK


Present - Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli David Friedman John W. Sweeny, Jr. Rolando T. Acosta, Justices.

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

Quadier G.,Tashameeka P.,

Children Under 18 Years of Age Alleged to be Abused and/or Neglected UnderArticle 10 of the Family Court Act.

- - - - - - - - - - - -Administration for Children's M-2194Services, D.C. #46

Petitioner-Respondent, Docket Nos. NN-3273/07NN-3274/07

Priscilla P.,Respondent-Appellant.- - - - - - - - - -

Thomas Caruso, Esq., Attorney for the Children.

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

An appeal having been taken to this Court from an order ofthe Family Court, Bronx County, entered on or about November 9, 2007,

And said appeal not having been brought on for hearingpursuant to the provisions of the Rules of Practice of the AppellateDivision, First Department,

And a calendar call having been held by the Clerk of theCourt, pursuant to Rule 600.12(c) of said Rules of Practice,

And assigned counsel for respondent-appellant having moved towithdraw as counsel on the aforesaid appeal,

Now, upon the Court's own motion, it is

Ordered that the motion is granted, assigned counsel forrespondent-appellant is relieved, and sua sponte the appeal is deemedwithdrawn.

ENTER:

_____________________ CLERK




-------------------------------------XBetsy L. Shulman,

Petitioner,

For an Order Pursuant to Article 78of the Civil Practice Laws and Rules, M-1966

Index No. 100852/14 -against-

Environmental Control Board, 66 JohnStreet, New York, New York 10038,

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

An Article 78 proceeding having been transferred to thisCourt, pursuant to CPLR 7804(g), by order of the Supreme Court,New York County, entered on or about April 15, 2015, to review a determination of respondent, and said proceeding having beenperfected,

Now, upon reading and filing the stipulation of the parties,dated April 11, 2016, and due deliberation having been hadthereon,

It is ordered that the proceeding, previously perfected, iswithdrawn in accordance with the aforesaid stipulation.

ENTER:

_____________________ CLERK


Present - Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli David Friedman John W. Sweeny, Jr. Rolando T. Acosta, Justices.

------------------------------------XIn the Matter of a Proceeding forCustody and/or Visitation underArticle 6 of the Family Court Act. - - - - - - - - - - - - - - - -Fay Toby S., M-2568 Petitioner-Appellant, DC #65

Docket No. V15910/06 -against-

Marc S., Respondent-Respondent. ------------------------------------X

Consolidated appeals having been taken by appellant fromthe orders of the Family Court, New York County, entered on orabout June 19, 2007, July 24, 2007 and November 8, 2007,respectively,

And said consolidated appeals not having been brought onfor hearing pursuant to the provisions of the Rules of Practiceof the Appellate Division, First Department,

And a calendar call having been held by the Clerk of theCourt, pursuant to Rule 600.12(c) of said Rules of Practice, andthere being no response thereto,

Now, upon the Court's own motion, it is

Ordered that the aforesaid consolidated appeals aredismissed.

ENTER:

_____________________ CLERK


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

---------------------------------------xQuick Park West 57 LLC, et al.,


-against- M-1859 Index No. 651524/13 Bridgewater Operating Corporation,

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

An appeal and cross appeal having been taken to this Courtfrom the order of the Supreme Court, New York County, entered onor about June 5, 2015,

And defendant having moved for an enlargement of time toperfect the appeal from the aforesaid order, and for leave toperfect that appeal as the main appellant,

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

It is ordered that the motion is granted to the extent ofdeeming the defendant the main appellant, and enlarging the timeto perfect the appeal to the October 2016 Term. Sua sponte,plaintiff’s appeal from the aforesaid order is deemed withdrawn.

ENTER:

_____________________ CLERK


Present: Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli David Friedman John W. Sweeny, Jr. Rolando T. Acosta, Justices.

-------------------------------------XIn the Matter of a Proceeding for Custody/Visitation Under Article 6of the Family Court Act. - - - - - - - - - - - - - - - Pedro H.,

Petitioner-Respondent, M-1661

-against- Docket No. V-35820/15

Juana F. H., Respondent-Appellant.

- - - - - - - - - - - - - - -Aleza Ross, Esq.,

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

Respondent-appellant having moved for leave to prosecute,as a poor person, the appeal from an order of the Family Court,New York County, entered on or about February 25, 2016, and forassignment of counsel, a free copy of the transcript, and forrelated relief,

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

Ordered that the motion is granted to the extent of (l) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, 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 transcribedthe minutes of the proceedings held therein, for inclusion in the

(M-1661) -2- May 26, 2016

record on appeal, the cost thereof to be charged against the Cityof New York from funds available therefor;1 within 30 days (FCS1121[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 the receipt of the transcripts. Assigned counsel isdirected to immediately serve a copy of this order upon the Clerkof the Family Court. (See M-1813, decided simultaneouslyherewith.)

ENTER:

_____________________ CLERK

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



------------------------------------XIn the Matter of a Proceeding for Custody/Visitation Under Article 6of the Family Court Act. - - - - - - - - - - - - - - - Pedro H.,

Petitioner-Respondent, M-1813 -against- Docket No. V-35820/15

Juana F. H., Respondent-Appellant.

- - - - - - - - - - - - - - -Aleza Ross, Esq.,

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

R. Ellen Sigal, Esq., Family Court attorney for subjectchild, having moved on said child’s behalf for leave to respond,as a poor person, to the appeal from the order of the FamilyCourt, New York County, entered on or about February 25, 2016,and for assignment of counsel, a free copy of the transcript, and for related relief,

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

It is ordered that the motion is granted to the extentof (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Aleza Ross, Esq., 31 Oak Street,Suite 26, Patchogue, NY 11772, Telephone No. (631) 361-6900, ascounsel for purposes of responding to the appeal on the child’sbehalf; (2) permitting movant to respond to the appeal upon areproduced respondent’s brief, on condition that one copy of such

(M-1813) -2- May 26, 2016

brief be served upon the attorney for respondent-appellant and 8copies thereof are filed with this Court. (See M-1661, decidedsimultaneously herewith.)

ENTER:

_____________________ CLERK

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on May 26, 2016,


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

Jaydein Celso M., and Jeremaih Jeffrey M., M-1898 Docket No. B-7765/12 Dependent Children Under 18 Years B-7766/12 of Age Pursuant to §384-b of the Social Services Law. - - - - - - - - - - - - - - - The Children’s Aid Society,

Petitioner-Respondent,

Diane E.,Respondent-Appellant.

- - - - - - - - - - - - - - -Aleza Ross, Esq.,

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

Michelle F.P. Roberts, Esq., Family Court attorney for the subject children, having moved on said childrens’ behalf for poor person relief to respond to the appeal from the orders of the Family Court, New York County, entered on or about August 11, 2015, and for assignment of counsel, a free copy of the transcript, and for related relief,


It is ordered that the motion is granted to the extentof (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Aleza Ross, Esq., 31 Oak Street,Suite 26, Patchogue, NY 11772, Telephone No. (631) 361-6900, ascounsel for purposes of responding to the appeal; (2) permitting

(M-1898) -2- May 26, 2016

movant to respond to the appeal upon a reproduced respondent’sbrief, on condition that one copy of such brief be served uponthe attorney for respondent-appellant and 8 copies thereof arefiled with this Court.

ENTER:

_____________________ CLERK

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on May 26, 2016


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

Baby Girl L.,

A Child Under 18 Years of Age Alleged M-1384to be Abused and/or Neglected Under Docket No. NN-5532/15Article 10 of the Family Court Act. - - - - - - - - - - - - - - -Administration for Children’s Services,


Mark B., 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 the Family Court,Bronx County, entered on or about February 25, 2016, and forassignment of counsel, a free copy of the transcript, and forrelated relief,

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

Ordered that the motion is granted to the extent of (l) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Larry S. Bachner, Esq., 153-01Jamaica Avenue, Suite # 201, Jamaica, NY 11432, Telephone No.(917) 378-0176, as counsel for purposes of prosecuting the

(M-1384) -2- May 26, 2016

appeal; (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 therefor;1

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

ENTER:

_____________________ CLERK

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

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department in the County of New York on May 26, 2016.

PRESENT - Hon. Peter Tom, Justice Presiding, John W. Sweeny, Jr. Richard T. Andrias Sallie Manzanet-Daniels Troy K. Webber, Justices.

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

Daniella A. and Mira A.,

Children Under the Age of 18 Years Alleged to be Neglected Under Article 10of the Family Court Act. - - - - - - - - - - - - - - - - -Administration for Children’s Services

Petitioner-Appellant, M-1887

Jessia A., Docket No. NN28711-12/13Respondent-Respondent.

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

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

Petitioner-appellant having moved for an enlargement of time in which to perfect the appeal from the order of the FamilyCourt, Bronx County, entered on or about July 1, 2015,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to on or before July 11,2016 for the September 2016 Term.

ENTER:

_____________________ CLERK


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

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

The People of the State of New York,

Respondent,

-against- M-1472 Ind. No. 900/10

Timothy Johnson,

Defendant-Appellant.

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

Defendant having moved for an enlargement of time to perfectthe appeal from the judgment of the Supreme Court, Bronx County,rendered on or about August 2, 2013,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the October 2016Term.

ENTER:

_____________________ CLERK

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Departmentin the County of New York on May 26, 2016.

PRESENT: Hon. Peter Tom, Justice Presiding,John W. Sweeny, Jr. Richard T. Andrias Sallie Manzanet-Daniels Troy K. Webber, Justices.

--------------------------------------XMax J. Hilz,

Petitioner-Appellant,

-against- M-1742 Index No. 100871/13

New York University, et al.,Respondents-Respondents.

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

Petitioner-appellant having moved for an enlargement of time to perfect the appeal from the order of the Supreme Court,New York County, entered on or about June 4, 2015,



ENTER:

_____________________ CLERK


PRESENT: Hon. Peter Tom, Justice Presiding,John W. Sweeny, Jr. Richard T. Andrias Sallie Manzanet-Daniels Troy K. Webber, Justices.

---------------------------------------XBarbara Buonchristiano,

Plaintiff-Appellant,


Fordham University,Defendant-Respondent.

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

Plaintiff-appellant having moved for an enlargement of time to perfect the appeal from the order of the Supreme Court, Bronx County, entered on or about June 30, 2015,



ENTER:

_____________________ CLERK


Present: Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli David Friedman Rosalyn H. Richter Marcy L. Kahn, Justices.

--------------------------------------XCRP/Extell Parcel I, L.P.,

Petitioner-Respondent, M-1468

-against- Index No. 113914/10

Andrew M. Cuomo, in his capacity asAttorney General of New York, et al.,

Respondents,

Kyung Kim and Henry Myunghwan Kim,Respondents-Appellants.

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

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about May 19, 2014,

And, respondents-appellants having moved for an enlargementof time to perfect their appeal,

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 respondents-appellants’ time to perfect their appeal to the November 2016 Term, with leave to seek furtherenlargements if necessary.

ENTER:

_____________________ CLERK


Present - Hon. Peter Tom, Justice Presiding, Dianne T. Renwick Karla Moskowitz Rosalyn H. Richter Barbara R. Kapnick, Justices.

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

Brandon N., Ricardo N.,

and Emelinda R.,

Children Under 18 Years of Age Allegedto be Neglected and/or Abused Under M-2640Article 10 of the Family Court Act. Index No. NN-12638-40/13

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


Moises V.,Respondent-Appellant.- - - - - - - - - - - - - - -

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

Attorney for the Children.---------------------------------------x

An appeal having been taken to this Court from a TemporaryOrder of Protection of the Family Court, Bronx County, entered onor about May 14, 2014,

And respondent-appellant Moises V. having moved formodification of the aforesaid order,


It is ordered that the motion is denied, as moot.

ENTER:

_____________________ CLERK


Present - Hon. Angela M. Mazzarelli, Justice Presiding, Karla Moskowitz Sallie Manzanet-Daniels Ellen Gesmer, Justices. ---------------------------------------xPerine International Inc.,

Plaintiff-Appellant-Respondent,

-against- M-1749M-2082

Bedford Clothiers, Inc., Index No. 650040/12 Defendant-Respondent-Appellant,

Seena International, Inc., et al., Defendants,

Regent Alliance Ltd., Na Lam, also knownas Linna or Llinna Lam, Llinna TextilesManufacturing Ltd.,

Additional Cross-Claim Defendants-Appellants-Respondents,

J. & Company Jeans LLC, et al.,Additional Cross-Claim Defendants.

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

An appeal and cross appeal having been taken to this Court fromthe order of the Supreme Court, New York County, entered on or aboutSeptember 29, 2015,

And plaintiff-appellant-respondent Perine International, Inc.having moved for dismissal of the cross appeal (M-1749),

And defendant-respondent-appellant Bedford Clothing, Inc., havingcross-moved for leave to file a supplemental record on appeal, and forrelated relief (M-2082),

Now, upon reading and filing the papers with respect to themotion and cross motion, and the stipulation of the parties datedApril 21, 2016, and due deliberation having been had thereon,

It is ordered that the motion and cross motion are deemedwithdrawn in accordance with the aforesaid stipulation.

ENTER:

_____________________ CLERK


Present - Hon. Angela M. Mazzarelli, Justice Presiding, Dianne T. Renwick David B. Saxe Judith J. Gische Marcy L. Kahn, Justices.

---------------------------------------xSunkyung LLC, as Assignee of BPD Bank,


-against- M-1856Index No. 850123/12

Porto Resources, LLC, et al.,

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

An appeal having been taken to this Court from theorder of the Supreme Court, New York County, entered on or aboutApril 3, 2015,

And defendants-respondents Porto Resources, LLC and Joseph Porto having moved for leave to strike plaintiff-appellant’s record on appeal, and for dismissal of said appeal and for related relief,

Now, upon reading and filing the papers with respect to the motion, and the stipulation of the parties dated April 18,2016, and due deliberation having been had thereon,

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

ENTER:

_____________________ CLERK

At a Term of the Appellate Division of the SupremeCourt held in and for the first Judicial Department inthe County of New York on May 26, 2016.

Present: Hon. Angela M. Mazzarelli, Justice Presiding, Diane T. Renwick David B. Saxe Judith J. Gische Marcy L. Kahn, Justices.

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

Respondent,M-1616

-against- Ind. No. 1704/15

Clifford McClinton, Defendant-Appellant.

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

Defendant having moved for leave to prosecute, as a poor person, the appeal from the judgment of the Supreme Court, New York County, rendered on or about August 11, 2015, for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for related relief,


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

The court reporter shall promptly make and file with thecriminal court (CPL §460.70) one transcript of the stenographicminutes of any proceedings pursuant to CPL §210.20, Arts. 710 and 730, and of the plea or trial and sentence. The Clerk shall furnish a copy of such transcripts to appellant's counsel,without charge, the transcripts to be returned to this Court whenappellant's brief is filed.

(M-1616) -2- May 26, 2016

Richard M. Greenberg, Esq., Office of the AppellateDefender, 11 Park Place, Suite 1601, New York, NY 10007,Telephone No. (212) 402-4142, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within which appellant shall perfect this appeal is herebyenlarged until 120 days from the date of filing of the record.

ENTER:

_____________________ CLERK



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

Respondent, M-1630


Robert Moco, Defendant-Appellant.

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

Defendant having renewed his motion for leave to prosecute, as a poor person, the appeal from the judgment of the SupremeCourt, New York County, rendered on or about October 16, 2015,for leave to have the appeal heard on the original record andupon a reproduced appellant's brief, and for related relief,


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

The court reporter shall promptly make and file with thecriminal court (CPL §460.70) one transcript of the stenographicminutes of any proceedings pursuant to CPL §210.20, Arts. 710 and 730, and of the plea or trial and sentence. The Clerk shallfurnish a copy of such transcripts to appellant's counsel,without charge, the transcripts to be returned to this Court whenappellant's brief is filed.

(M-1630) -2- May 26, 2016


ENTER:

_____________________ CLERK


Present: Hon. Angela M. Mazzarelli, Justice Presiding, David B. Saxe Judith J. Gische Marcy L. Kahn, Justices. -------------------------------------XThe People of the State of New York,

Respondent, M-1631

-against- Ind. No. 3411/11 Case No. 53845C/11 Miguel Laureano,

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

Defendant having renewed his motion for leave to prosecute, as a poor person, the appeal from the judgment of the SupremeCourt, Bronx County, rendered on or about May 16, 2014, for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, 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 ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, exceptthat a certified copy of the indictment(s) shall be substitutedin place of the original indictment(s), and upon a reproducedappellant's brief, on condition that appellant serves one copy of such brief upon the District Attorney of said county and files8 copies of such brief, together with the original record,pursuant to Rule 600.11 of the Rules of this Court.

The court reporter shall promptly make and file with thecriminal court (CPL §460.70) one transcript of the stenographicminutes of any proceedings pursuant to CPL §210.20, Arts. 710 and 730, and of the plea or trial and sentence. The Clerk shall furnish a copy of such transcripts to appellant's counsel,without charge, the transcripts to be returned to this Court whenappellant's brief is filed.

(M-1631) -2- May 26, 2016


ENTER:

_____________________ CLERK


Present: Hon. Angela M. Mazzarelli, Justice Presiding, John W. Sweeny, Jr. Sallie Manzanet-Daniels Judith J. Gische, Justices. ---------------------------------------XJames Pettus,

Plaintiff-Appellant, M-1867


Bryan Mazzola, et al.,

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

Plaintiff-appellant having renewed his motion for leave to prosecute, as a poor person, the appeal from the order of theSupreme Court, Bronx County, entered on or about December 28,2015, for leave to have the appeal heard on the original recordand upon a reproduced appellant's brief, and for related relief,


It is ordered that the motion is denied.

ENTER:

_____________________ CLERK


Present: Hon. Angela M. Mazzarelli, Justice Presiding,

Diane T. Renwick David B. Saxe Judith J. Gische, Justices.

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

Respondent, M-1689


Lino Rios, Defendant-Appellant.

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

An appeal having been taken from a judgment of the SupremeCourt, New York County, rendered on or about August 12, 2013,

And defendant-appellant having moved for an order enlargingthe record on appeal to include the three documents annexed asExhibits A through C to the Notice of Motion,


It is ordered that the motion is granted, and counsel fordefendant-appellant is directed to serve and file 8 copies of theaforesaid documents with the Clerk of this Court forconsideration with record on appeal.

ENTER:

_____________________ CLERK


PRESENT - Hon. Angela M. Mazzarelli, Justice Presiding, Karla Moskowitz Sallie Manzanet-Daniels Ellen Gesmer, Justices. ------------------------------------------XThe People of the State of New York,

Respondent,

-against- M-1861 Ind. No. 4283/85

Carlos Carromero,

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

Defendant having moved for an enlargement of time to perfectthe appeal from the order of the Supreme Court, New York County,entered on or about September 3, 2015,



ENTER:

_____________________ CLERK



------------------------------------XYoon Jung Kim,

Plaintiffs-Respondents, M-1976

-against- Index No. 155210/14 Gahee An and Changtae Seo, et al.,

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 June 10, 2015,



ENTER:

_____________________ CLERK


Present - Hon. David Friedman, Justice Presiding, Rolando T. Acosta Karla Moskowitz Barbara R. Kapnick Ellen Gesmer, Justices.

--------------------------------------XIn the Matter of the Application ofBellevue Hospital,

Petitioner-Appellant,

For Treatment over Objection by Orderto Show Cause and a Subsequent Order M-1232of Retention Pursuant to § 9.33 of Index No. 530463/15 the Metal Hygiene Law,

-against-

Shanice B.,Respondent-Respondent.

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

Appeals having been taken to this Court from orders of theSupreme Court, New York County, both entered on or about March 7,2016,

And petitioner-appellant having moved for a stay ofenforcement ofthe aforesaid orders pending hearing anddetermination of the aforesaid appeals,

Now, upon reading and filing the papers with respect to themotion, and the stipulations of the parties dated March 31, 2016,and due deliberation having been had thereon,

It is ordered that the motion and appeal are deemedwithdrawn in accordance with the aforesaid stipulations.

ENTER:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Rolando T. Acosta David B. Saxe Judith J. Gische Troy K. Webber, Justices.

-----------------------------------XSean Mark Corrigan, et al.,

Plaintiffs-Appellants,


New York City Transit Authority, et al.,

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

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about August 15, 2014, andsaid appeal having been perfected,

And defendants-respondents having moved to dismiss theaforesaid appeal,



ENTER:

_____________________ CLERK

JCORRECTED ORDER - August 8. 2016


Hon. David Friedman,Dianne T. RenwickKarla MoskowitzRosalyn H. RichterBarbara R. Kapnick,

Justice Presiding,Present

Justices.

xIn the Matter of the Guardianship ofthe Person and Custody of

Caitlin Marie G.,Ariana Luz G., andLuis Michael B., Jr.,

Children Under 18 Years of Age Pursuantto §384-b of the Social Services Law ofthe State of New York and/or Article 6of the Family Court Act.

M-1722M-2382

Docket Nos. B-19448-50/13Catholic Guardian Services, et al.,

Petitioners-Respondents,

Luis B.,Respondent-Appellant.

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

Attorney for the Children.X

Petitioner-respondent Catholic Guardian Serviceshaving moved for dismissal of the appeal from orders of theSupreme Court, Bronx County, entered on or about September 8,2014 (M-1722),

And respondent-appellant father having cross-moved forleave to prosecute the appeal as a poor person, for assignment ofcounsel, a free copy of the transcript, and for related relief(M-2382),

Now, upon reading and filing the papers with respect tothe motion and cross motion, and due deliberation having been hadthereon, it is

CORRECTED ORDER - August 8, 2016

(M-1722/M-2382) May 26, 2016-2-

Ordered that the motion (M-1722) is denied, with leaveto renew upon papers, including proof of service upon counsel forrespondent-appellant assigned by this order in the disposition of(M-2382),

Ordered that the cross-motion (M-2382) is granted to theextent of (1) assigning, pursuant to Article 18b of the CountyLaw and §1120 of the Family Court Act, Steven N. Feinman, Esq.,One North Broadway, Suite 412, White Plains, NY 10601, TelephoneNo. 914-949-8214, 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 therefor1within 30 days (FCA 1121[7]) of service of a copy of this orderupon the Clerk; (3) permitting appellant to dispense with any feefor the transfer of the record from the Family Court to thisCourt.upon 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.

The Clerk of the Family Court shall transfer the record

ENTER:

«

— CLERK

1Service of appellant's brief upon respondent(s) shall includeassigned counsel's copy of the transcript,


PRESENT: Hon. David Friedman, Justice Presiding,Rolando T. Acosta Karla Moskowitz Barbara R. Kapnick Ellen Gesmer, Justices.

---------------------------------------XJ. Armand Musey,

Plaintiff-Appellant-Respondent,


425 East 86 Apartments Corp.,Defendant-Respondent-Appellant,

Douglas Elliman Property Management,et al.,

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

Defendant-respondent-appellant having moved for anenlargement of time to perfect the appeal and cross appeal fromthe order of the Supreme Court, New York County, entered on orabout July 16, 2015,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal and cross appeal to theDecember 2016 Term.

ENTER:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Rolando T. Acosta Sallie Manzanet-Daniels Judith J. Gische Ellen Gesmer, Justices.

-------------------------------------XEdward Cardoso,

Plaintiff-Respondent,


Geico Indemnity Company, Defendant-Appellant.

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

Defendant-appellant having moved for a stay of trial pendinghearing and determination of the appeal taken from the order ofthe Supreme Court, New York County, entered on or about February 16, 2016,

Now, upon reading and filing the papers with respect to themotion, including the stipulation of the parties dated March 11,2016, and due deliberation having been had thereon,

It is ordered that the motion is deemed withdrawn.

ENTER:

_____________________ CLERK


Present: Hon. John W. Sweeny, Jr., Justice Presiding, Rolando T. Acosta Sallie Manzanet-Daniels Judith J. Gische Ellen Gesmer, Justices.

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

Respondent, M-1434


Devon Veal, Defendant-Appellant.

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

Defendant having moved for leave to prosecute, as a poor person, the appeal from the judgment of the Supreme Court, New York County, rendered on or about April 14, 2015,for leave to have the appeal heard on the original record andupon a reproduced appellant's brief, and for related relief,


It is ordered that the motion is denied, with leave to renew upon defendant's submission of a detailed notarizedaffidavit setting forth his indigency in compliance with CPLR 1101(a) including, in detail, the amount and source(s) of funds used to post bail in Supreme Court, the dispositionthereof, and an explanation why similar funds are not availablefor costs of the appeal.

ENTER:

_____________________ CLERK



-------------------------------------XDaniel Chambers,



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

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

An appeal having been taken from two orders of the SupremeCourt, New York County, entered on or about May 12, 2015 and August 6,2015, respectively; and an appeal having been taken from an order ofthe same Court entered on October 20, 2015,

And, plaintiff-appellant having moved for an enlargement of time to perfect the appeal taken from the orders entered on or about May 12, 2015 and August 6, 2015,


It is ordered that the motion is granted to the extent of enlarging the time to perfect the appeal taken from the orders enteredon or about May 12, 2015 and August 6, 2015 to the September 2016 Termand, sua sponte, consolidating the appeal taken from orders entered onor about May 12, 2015 and August 6, 2015 with the appeal taken fromthe order entered on or about October 20, 2015; directing plaintiff to perfect the consolidated appeals on a single brief and record on orbefore July 11, 2016, for the September 2016 Term; and continuing thestay granted in the order of this Court entered December 22, 2015 (M-4906) on the same terms and conditions of that order, and on thefurther condition appellant perfect for the September 2016 Term.

ENTER:

_____________________ CLERK


Present: Hon. John W. Sweeny, Jr., Justice Presiding, David B. Saxe Karla Moskowitz Judith J. Gische Troy K. Webber, Justices.

------------------------------------XRobert Jones,



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

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

Appeals having been taken from orders of the SupremeCourt, Bronx County, entered on or about April 22, 2015, whichorder was clarified by the order of said Court entered on orabout June 1, 2015, and from the order, same Court and Justice,entered on or about June 1, 2015,

And, plaintiff-appellant having moved for consolidation of the aforesaid appeals and an enlargement of time to perfectsame,


It is ordered that the motion is granted to the extent of consolidating said appeals and permitting plaintiff-appellantto prosecute the consolidated appeals upon 9 copies of one recordand of one set of appellant's points covering the appeals. Thetime to perfect the appeals is enlarged to the October 2016 Term.

ENTER:

_____________________ CLERK

/

CORRECTED ORDER - August 8, 2016


Justice Presiding,Hon. John W. Sweeny, Jr.,Rolando T. AcostaSallie Manzanet-DanielsJudith J. GischeEllen Gesmer,

Present:

Justices,

-XB and H Florida Notes LLC,

Plaintiff-Respondent,


Alexander Ashkenazi,Defendant-Respondent,

-and-

Amit Louzon,Defendant-Appellant.

X

Defendant-appellant having moved for consolidation of theappeals taken from two orders of the Supreme Court, New YorkCounty, both entered on or about June 10, 2015, and the appealtaken from the order, same Court and Justice, entered on or aboutJuly 31, 2015, and to enlarge the time to perfect said appeals,


It is ordered that the motion is granted to the extent ofconsolidating the appeals and permitting defendant-appellant toprosecute said appeals upon 8 copies of one record and of one setof appellant's points covering the appeals. Defendant-appellantis further directed to perfect the consolidated appeals on orbefore August 8, 2016 for the October 2016 Term.

ENTER:

CLERK v



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

Respondent, M-1245

-against- Ind. No. 2684N/11

Miguel Adrian-Reyes, Defendant-Appellant.

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

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

And defendant-appellant having moved for an order to “liftprotective orders issued by the trial court that resulted inredactions of the People’s warrant applications and the court’s ex parte Darden Hearing minutes”,

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 that documents and transcriptions of all proceedingsbelow be provided to this Court for in camera review, with thedirective that the requested documents and transcripts not bedisclosed to the defense.

ENTER:

_____________________ CLERK


Present - Hon. John W. Sweeny, Jr., Justice Presiding, Rolando T. Acosta Sallie Manzanet-Daniels Judith J. Gische Ellen Gesmer, Justices. ---------------------------------------xLampros Nicholas Antiohos, by EstelleReynolds, as Guardian of the personand property of Lampros Nicholas Antiohos,

Plaintiff-Respondent, M-1503

-against- M-1800Index No. 25894/14E

Arthur Morrison,Defendant-Appellant,

-and-

The Law Firm of Daniel M. O’Hara, PLLC,and Daniel M. O’Hara,

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

An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about October 9, 2015,

And defendant-appellant having moved for a stay of the aforesaidorder pending hearing and determination of the appeal taken therefrom, for an enlargement of time to file an answer, and for related relief(M-1503),

And defendant-appellant having moved, by separate motion, towithdraw the aforesaid motion seeking a stay (M-1800),

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

It is ordered that the withdrawal motion is granted (M-1800). The motion seeking a stay of the order being appealed (M-1503) isdenied as moot and, to the extent that any request for relief remains,it is denied as unavailable.

ENTER:

_____________________ CLERK


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

---------------------------------------XNational Restaurant Association,



The New York City Department of Health & Mental Hygiene, et al.,

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

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about February 26, 2016,

And plaintiff-appellant having moved for a preliminaryinjunction enjoining defendants from enforcing a certain section of the New York City Health Code, pending hearing anddetermination of the aforesaid appeal, and for other relief (M-896),

And proposed amici curiae, Public Health Law Center, havingcross moved to file papers in opposition to plaintiff's motionfor a preliminary injunction (M-1275),

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

It is ordered that the motion and cross-motion are denied and the interim relief granted by an order of a Justice of thisCourt, dated February 29, 2016, is hereby vacated.

ENTER:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Justice Presiding, David B. Saxe Judith J. Gische Troy K. Webber Marcy L. Kahn, Justices.

-------------------------------------XThe City of New York,



Wausau Underwriters InsuranceCompany, et al.,

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

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about February 25, 2015,and said appeal having been perfected,

And plaintiff-appellant having moved to stay a certaindiscovery order dated March 10, 2016, pending hearing anddetermination of the aforesaid appeal,



ENTER:

_____________________ CLERK

/'

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

BEFORE: Hon. KARLA MOSKOWITZJustice of the Appellate Division

■X

The People of the State of New York,M—435Ind. No. 545/12

-against-CERTIFICATEREINSTATING STAY OFEXECUTIONOF JUDGMENT ANDRELEASE OF DEFENDANTON BAIL

Pavette Kellraan,

Defendant.X

I, Karla Moskowitz, a Justice of the Appellate Division, First

Judicial Department, do hereby certify that, pursuant to Criminal

Procedure Law §§ 460.50 and 530.30, the stay of the execution of the

judgment of conviction is reinstated pending the hearing and

determination of the appeal of this matter; and the release of

defendant on bail pursuant to the order of a Justice of this Court

dated June 27, 2013 (M-3455) is hereby reinstated pending the hearing

and determination of the appeal of this matter. The appeal is to be

perfected for the October 2016 term (see M-435A, decided

simultaneously herewith).

M&y 33 , 2016New York, New York

Dated:

AEETEIED MAY 24 2016 Hon.ÿKarla MoskowitzAssociate Justice

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 May 26, 2016.

Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Karla Moskowitz Rosalyn H. Richter Barbara R. Kapnick, Justices.

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

Respondent,

-against- M-435AInd. No. 545/12

Pavette Kellman,

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

Defendant-appellant having moved for an enlargement of timeto perfect the appeal from the judgment of the Supreme Court, NewYork County, rendered on or about January 15, 2013,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the October 2016Term. (See M-435, decided simultaneously herewith.)

ENTER:

_____________________ CLERK

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

BEFORE: Hon. Angela M. Mazzarelli,Justice of the Appellate Division

XThe People of the State of New York,

M-72Ind. No. 98/97

-against- CERTIFICATEDENYING LEAVE

Roy Brock,

Defendant.

X

I, Angela M. Mazzarelli, a Justice of the Appellate

Division, First Judicial Department, do hereby certify that,

upon application timely made by the above-named defendant for a

certificate pursuant to Criminal Procedure Law, sections 450.15

and 460.15, and upon the record and proceedings herein, there is

no question of law or fact presented which ought to be reviewed

by the Appellate Division, First Judicial Department, and

permission to appeal from the order of the Supreme Court,

New York County (Bonnie Wittner, J.), entered on or about

November 4, 2015, is hereby denied.

Ji

New York, New YorkMay 17, 2016

Dated:

ERTERED MAY 2 6 2016

/


BEFORE: Hon. KARLA MOSKOWITZJustice of the Appellate Division


M—435Ind. No. 545/12

-against-CERTIFICATEREINSTATING STAY OFEXECUTIONOF JUDGMENT ANDRELEASE OF DEFENDANTON BAIL

Pavette Kellman,

Defendant.X

I, Karla Moskowitz, a Justice of the Appellate Division, First

Judicial Department, do hereby certify that, pursuant to Criminal

Procedure Law §§ 460.50 and 530.30, the stay of the execution of the

judgment of conviction is reinstated pending the hearing and

determination of the appeal of this matter; and the release of

defendant on bail pursuant to the order of a Justice of this Court

dated June 27, 2013 (M-3455) is hereby reinstated pending the hearing

and determination of the appeal of this matter. The appeal is to be

perfected for the October 2016 term (see M-435A, decided

simultaneously herewith).

M&y 33 ,Dated: 2016New York, New York

EETERED MAY 24 2016 Hon.ÿkarla MoskowitzAssociate Justice


Hon. David Friedman,Dianne T. RenwickKarla MoskowitzRosalyn H. RichterBarbara R. Kapnick,

Justice Presiding,Present

Justices.

xThe People of the State of New York,

Respondent,

-against- M-435AInd. No. 545/12

Pavette Kellman,

Defendant-Appellant.x

Defendant-appellant having moved for an enlargement of timeto perfect the appeal from the judgment of the Supreme Court, NewYork County, rendered on or about January 15, 2013,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the October 2016Term. {See M-435, decided simultaneously herewith.)

ENTER:

CLEp>K V

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

BEFORE: Hon. Rosalyn H. RichterJustice of the Appellate Division


M-1103Ind. No. 9695/88


Glasco Wright,

Defendant.X

I, Rosalyn H. Richter, a Justice of the Appellate Division,

First Judicial Department, do hereby certify that, upon the

application timely made by the above-named defendant for a





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

York County, entered on or about December 23, 2015, is hereby

denied.

Hon. Rosa/Lyn H. Richter

Dated: May 17, 2016New York, New York

ENTERED: MAY 2 5 20T6


BEFORE: Hon. Rosalyn H. RichterJustice of the Appellate Division


M-1122Ind. No. 2370/2001

-against - CERTIFICATEDENYING LEAVE

Edio Dixon aka Echo Dixon,

Defendant.X

I, Rosalyn H. Richter, a Justice of the Appellate Division,

First Judicial Department, do hereby certify that, upon the

application timely made by the above-named defendant for a





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

County, entered on or about February 3, 2016, is hereby denied.

n. Rosalmi H. RienterHo

Dated: May 17, 2016New York, New York

MAY 28 Z018ENTERED:

/


BEFORE: Hon. Ellen GesmerJustice of the Appellate Division


M-1864Ind. No. 953/2008


Robert Harris,

Defendant.X

I, Ellen Gesmer, a Justice of the Appellate Division, First

Judicial Department, do hereby certify that, upon the application

of the above-named defendant for a certificate pursuant to

Criminal Procedure Law, sections 450.15 and 460.15, there is no

question of law or fact presented which ought to be reviewed by

the Appellate Division, First Judicial Department, and permission

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

entered on or about February 25, 2016, is hereby denied.

Hon. Ellen gesmer

May 1>, 2015New York, New York

Dated:

MAY 26 2016ENTERED:

at a term of the appellate division of the supreme court ...the county of new york on may 26, 2016....

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