At a Term of the Appellate Division of the Supreme Court...

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on July 5, 2018.

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Richard T. Andrias Marcy L. Kahn Peter H. Moulton, Justices.

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

Respondent,SEALED

-against- M-2133Ind. No. 3425/16

George M., Defendant-Appellant.

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

Defendant having moved for an enlargment of time to file a late notice of appeal and for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about November 9, 2016, 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 themotion, and due deliberation having been had thereon,

It is ordered that the motion is granted only to the extentof deeming the moving papers as a timely filed notice of appeal;

That branch of the motion which seeks poor person relief is denied, with leave to renew, upon defendant's submission of a detailed notarized affidavit, pursuant to CPLR 1101, settingforth facts sufficient to establish that defendant has no fundsor assets with which to prosecute the appeal, including theamount and sources of his income; a listing of his property withits value; and an explanation why similar funds are not availableto prosecute this appeal.

ENTERED:

_____________________ CLERK



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

Respondent,

-against- M-2211 Ind. No. 4394/15

Francisco Alsina,

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

Defendant having moved for leave to prosecute, as a poor person, the appeal from a judgment of the Supreme Court, New York County, rendered on or about June 15, 2017, for leave to have the appeal heard on the original record and upon areproduced appellant's brief, and for related relief,


It is ordered that the motion is denied, with leave torenew, upon defendant's submission of a detailed notarizedaffidavit setting forth his indigency, pursuant to CPLR 1101(a),including the amount and sources of funds used to retain trialcounsel, and an explanation as to why similar funds are notavailable to prosecute the appeal.

ENTERED:

_____________________ CLERK



------------------------------------XInocencio Cunin,

Plaintiff-Appellant,

-against- M-2283 Index No. 304313/12 23-14 30th Drive LLC,

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

Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal taken from the order of the Supreme Court,Bronx County, entered on or about June 29, 2017,


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

ENTERED:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Richard T. Andrias, Justices.

-------------------------------------XRoy M. Gluck,

Plaintiff-Respondent, Confidential

-against- M-2793 Index No. 310556/16

Tom Beckett,


Defendant-appellant having moved for a stay of proceedingspending hearing and determination of the appeal taken from theorder of the Supreme Court, New York County, entered on or aboutMay 23, 2018,


It is ordered that the motion is denied.

ENTERED:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Richard T. Andrias, Justices.

---------------------------------------XHarvardsky Prumyslovy Holding, A.S.,etc.,

Plaintiff-Respondent,

-against- M-2956Index No. 651826/12

Viktor Kozeny, Defendant-Appellant,

-and-

Landlocked Shipping Company,Defendant.

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

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about February 3, 2017, and said appeal having been perfected,

And defendant-appellant having moved to supplement therecord on appeal to include certain bank statements,

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


ENTERED:

_____________________ CLERK


PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Angela M. Mazzarelli Barbara R. Kapnick Marcy L. Kahn, Justices.

---------------------------------------XDwight Drapper,


-against- M-2054 Index No. 20500/14E

Andrew John Horan and Andrew J. Horan,

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

Defendants-appellants having moved for a stay of allproceedings, including trial, pending hearing and determinationof the appeal taken from the order of the Supreme Court, BronxCounty, entered on or about February 8, 2018,

And an application by defendants-appellants for interimrelief to stay trial having been denied by an order of a Justiceof this Court, dated April 13, 2018,



ENTERED:

_____________________ CLERK


Present - Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Troy K. Webber Cynthia S. Kern Peter H. Moulton, Justices.

---------------------------------------xLighthouse Real Estate Acquisition LLC,


-against-M-2144

Sallie A. Lawson, Index No. 22908/16E Defendant-Appellant,

Department of Housing Preservation &Development of the City of New York,et al.,

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

An appeal having been taken to this Court from the order ofthe Supreme Court, Bronx County, entered on or about February 21,2018,

And defendant-appellant having moved to stay a Referee’ssale, scheduled for April 16, 2018, of a certain property,pending hearing and determination of the aforesaid appeal,

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


ENTERED:

_____________________ CLERK


PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Peter Tom Richard T. Andrias Barbara R. Kapnick Anil C. Singh, Justices.

----------------------------------------XDarwin Deason,



Fujifilm Holdings Corp., et al.,

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

Defendants-appellants having moved for a stay of allproceedings pending hearing and determination of the appeal takenfrom the order of the Supreme Court, New York County, entered onor about April 30, 2018, and for other relief,

Now, upon reading and filing the papers with respect to themotion, including the stipulation of the parties to the appealdated May 14, 2018, and due deliberation having been had thereon,

It is ordered that the appeal, and the within motion, aredeemed withdrawn.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Peter Tom Richard T. Andrias Barbara R. Kapnick Anil C. Singh, Justices.

---------------------------------------XDarwin Deason,



Xerox Corp., et al.,

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

Defendants-appellants having moved, inter alia, for a stayof all proceedings pending hearing and determination of theappeal taken from the order of the Supreme Court, New YorkCounty, entered on or about April 30, 2018,

Now, upon reading and filing the papers with respect to themotion, including the stipulation of the parties hereto dated May 14, 2018, and due deliberation having been had thereon,

It is ordered that the appeal, and the within motion, are deemed withdrawn.

ENTERED:

_____________________ CLERK

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Departmentin the County of New York on July 5, 2018.

Present: Hon. Rosalyn H. Richter, Justice Presiding, Peter Tom Angela M. Mazzarelli Ellen Gesmer Peter H. Moulton, Justices.

-------------------------------------X The People of the State of New York,

Respondent, M-2553 DC #8

-against- Ind. No. 4662/11

Leon Ballard,


An appeal having been taken to this Court by defendantfrom the judgment of the Supreme Court, New York County,rendered on or about August 2, 2012,

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 on May 31, 2018, pursuant to Rule 600.12(c) of said Rulesof Practice, and counsel for appellant having submitted anaffirmation seeking an enlargement of time in which to perfectthe appeal,

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

Ordered that appellant's time in which to perfect theappeal is enlarged to the October 2018 Term of this Court and counsel is directed to so perfect.

ENTERED:

_____________________ CLERK






Maurice Barnar,


An appeal having been taken to this Court by defendantfrom the judgment of the Supreme Court, Bronx County, renderedon or about March 27, 2014,




Ordered that appellant's time in which to perfect theappeal is enlarged to the October 2018 Term of this Court andcounsel is directed to so perfect.

ENTERED:

_____________________ CLERK






James Cade,


An appeal having been taken to this Court by defendantfrom the judgment of the Supreme Court, New York County,rendered on or about November 13, 2013,





ENTERED:

_____________________ CLERK




Respondent, M-2576DC #27


Therese Dacres,


An appeal having been taken to this Court by defendantfrom the judgment of the Supreme Court, New York County,rendered on or about March 7, 2013,





ENTERED:

_____________________ CLERK






Emmanuel Gonzalez,


An appeal having been taken to this Court by defendantfrom the judgment of the Supreme Court, New York County,rendered on or about April 6, 2015,





ENTERED:

_____________________ CLERK






Angelo Hayes,


An appeal having been taken to this Court by defendantfrom the judgment of the Supreme Court, New York County,rendered on or about January 21, 2015,





ENTERED:

_____________________ CLERK





-against- Ind. No. 902N/11

George Leeper,


An appeal having been taken to this Court by defendantfrom the judgment of the Supreme Court, New York County,rendered on or about May 23, 2012,





ENTERED:

_____________________ CLERK


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

----------------------------------------XPedro Merino, Plaintiff-Appellant-Respondent,

Marcissa Artiaga,Plaintiff,


Continental Towers Condominium and Rose Associates, Inc.,

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

Defendants-respondents-appellants having moved forreargument of the decision and order of this Court, entered on March 8, 2018 (Appeal Nos. 5934-5934A ),

Now, upon reading and filing the stipulation of the partieshereto, dated May 14, 2018, and due deliberation having been hadthereon,

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

ENTERED:

_____________________ CLERK



---------------------------------------XHanover Insurance Company andManhattan School of Music,

Plaintiffs-Appellants,M-2149

-against- Index No. 154006/14

Philadelphia Indemnity Insurance Co.,

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

Plaintiffs-appellants having moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals,from the decision and order of this Court, entered on March 27,2018 (Appeal No. 3085),


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

ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman

John W. Sweeny, Jr.Dianne T. Renwick

Rosalyn H. Richter, Justices.


Respondent,


Milton D. Brown,Defendant-Appellant.

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

An appeal having been taken from a judgment of the SupremeCourt, New York County, rendered on or about July 12, 2012,

Now, upon reading and filing the stipulation of the partieshereto, dated April 9, 2018, and due deliberation having been hadthereon,


ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice,David Friedman

John W. Sweeny, Jr.Dianne T. Renwick



Respondent,

-against- M-2456Ind. Nos. 1885N/03

Celso Miguel Reyes-Concepcion, 0870N/02

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

An appeal having been taken from a judgment of the SupremeCourt, New York County, rendered on or about December 4, 2007,

Now, upon reading and filing the stipulation of the partieshereto, dated April 30, 2018, and due deliberation having beenhad thereon,


ENTERED:

_____________________ CLERK


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



Respondent,

-against- M-2480 Ind. No. 564/16

Travis Pettiway,


An appeal having been taken from a judgment of the SupremeCourt, New York County, rendered on or about March 9, 2017,



ENTERED:

_____________________ CLERK





Respondent,

-against- M-2481 Ind. No. 4447/15

Terrence Sapp,


An appeal having been taken from a judgment of the SupremeCourt, New York County, rendered on or about August 9, 2016,



ENTERED:

_____________________ CLERK





Respondent,

-against- M-2482 Ind. No. 4111/14

Travis Pettiway,


An appeal having been taken from a judgment of the SupremeCourt, New York County, rendered on or about March 1, 2016,



ENTERED:

_____________________ CLERK




Respondent,M-2479


Rafael Cintron,

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

An appeal having been taken from the judgment of the SupremeCourt, New York County, rendered on or about May 5 2015,



ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices. -----------------------------------XIn the Matter of a Proceeding for Custody and/or Visitation under Article 6 of the Family Court Act.

- - - - - - - - - - - -Jeanine H., CONFIDENTIAL

Petitioner-Appellant, M-1787Docket Nos. V-22037-15/16A

-against- V-21579/15 V-21579-15/16A

Mamadou H., V-22037/15 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 January 12, 2018, 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. 646-775-8994, as counsel for purposes of prosecuting the appeal; (2)directing the Clerk of said Family Court to have transcribed theminutes of the proceedings held therein, for inclusion in therecord on appeal, the cost thereof to be charged against the City

(M-1787) -2- July 5, 2018

of 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.


Present: Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices. --------------------------------------XIn the Matter of a Support ProceedingUnder Article 4 of the Family Court Act. - - - - - - - - - - - - - Ciaira C., CONFIDENTIAL

Petitioner-Respondent, M-1996 Docket No. F-22965-12/16F

-against-

Alvert R., Respondent-Appellant.

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

Respondent-appellant having moved for leave to prosecute, asa poor person, the appeal taken from an order of the FamilyCourt, Bronx County, entered on or about April 11, 2018, and forassignment of counsel, a free copy of the transcript, and forrelated relief,


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, New York 10007, Telephone No. 646-775-8994, as counsel for purposes of prosecuting the appeal; (2)directing the Clerk of said Family Court to have transcribed theminutes of the proceedings held therein, for inclusion in therecord on appeal, the cost thereof to be charged against the Cityof New York from funds available 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 the


(M-1996) -2- July 5, 2018

Family Court shall transfer the record upon receipt of thisorder; and (4) appellant is directed to perfect this appeal, incompliance with Rule 600.11 of the Rules of this Court, within 60days of receipt of the transcripts. Assigned counsel is directedto immediately serve a copy of this order upon the Clerk of theFamily Court.

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices. ------------------------------------XIn the Matter of a Proceeding for Custody/Visitation Under Article 6of the Family Court Act.

- - - - - - - - - - - - - CONFIDENTIAL Hiliana R., M-1986

Petitioner-Respondent, Docket No. V-3891-09/17D

-against-

Cesar A. P. J.,Respondent-Appellant.

------------------------------------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 March 16, 2018, and forassignment of counsel, a free copy of the transcript, and forrelated relief,


Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, 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 available

(M-1986) -2- July 5, 2018

therefor1 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 a copy of this order upon the Clerk of the Family Court. (See M-1992, decided simultaneously herewith.)

ENTERED:

_____________________ CLERK



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

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

- - - - - - - - - - - - - CONFIDENTIAL Hiliana R., M-1992

Petitioner-Respondent, Docket No. V-3891-09/17D

-against-

Cesar A. P. J.,Respondent-Appellant.

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

Petitioner-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 March 16 2018, and forassignment of counsel, a free copy of the transcript, and forrelated relief,


It is ordered that the motion is granted to the extent of(1) assigning, pursuant to §1120 of the Family Court Act, BruceA. Young, Esq., 100 Church Street, Suite 800, New York, NY 10007,Telephone No. 646-775-8994, as counsel for purposes of respondingto the appeal; (2) permitting movant to respond to the appealupon a reproduced respondent’s brief, on condition that one copy of such brief be served upon the attorney for respondent-appellant and 8 copies thereof are filed with this Court. (SeeM-1986, decided simultaneously herewith.)

ENTERED:

_____________________ CLERK



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

Casey A., and Chandler A.,

Children Under 18 Years of Age Alleged to be Neglected Under Article 10 of the Family Court Act.

- - - - - - - - - - - - - - CONFIDENTIALAdministration for Children’s Services, M-2096

Petitioner-Respondent, D o cket Nos. NN-10596-17 NN-10595-17

Carlton A.Respondent-Appellant,- - - - - - - - - - - - - -

Dawne A. Mitchell, Esq., The Legal Aid Society, Juvenile Rights Division,

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

Respondent-appellant having moved for leave to prosecute, as a poor person, an appeal taken from an Order of Fact-Findingand an Order of Disposition of the Family Court, Bronx County,dated October 27, 2017 and March 27, 2018, respectively, both having been entered on or about April 17, 2018; and forassignment of counsel, a free copy of the transcript, and forrelated relief,


Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Larry S. Bachner, Esq., P.C., c/oBachner & Associates, P.C., 39 Broadway, Suite 1610, New York,

(M-2096) -2- July 5, 2018

New York 10006, Telephone No. 917-674-9516, as counsel forpurposes of prosecuting the appeal; (2) directing the Clerk 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



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

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

Kevon L., CONFIDENTIAL M-2204

A Person Alleged to be a Juvenile Docket No. D-15791-17 Delinquent,

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

Respondent-appellant having moved for leave to prosecute the appeal from the order of the Family Court, New York County,entered on or about December 12, 2017, as a poor person, forassignment of counsel, a free copy of the transcript, and forrelated relief,


Ordered that the motion is granted and pursuant to Section35 of the Judiciary Law, Article 18b of the County Law andSection 1120 of the Family Court Act (1) Susan Barrie, Esq., 401 Broadway, Suite 1902, New York, New York, 10013, TelephoneNo. (917) 612-5999, is assigned 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 State 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 dispense


(M-2204) -2- July 5, 2018

with 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) directing appellant 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



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

Saraiyah A. Maiyah U. Ariayah U. CONFIDENTIAL Ahriel U. M-2129

Docket Nos. V-43167-9/15 -against-

Ahzahriah U. Angelicah U. Baby Girl A.,

Children under the Age of 18 Years and Siblings of Petitioners Seeking Visitation under Article Six of the Family Court Act.---------------------------------------XAdministration for Children’s Services,and Children’s Aid Society,

Petitioners-Respondents,

Reggie U.,Respondent-Appellant,

Ayesha A.,Respondent-Respondent.

- - - - - - - - - - - - - - - - - Dawne A. Michell, The Legal Aid Society, Juvenile Rights Division,

Attorney for the Older Children.

Liza S. Camellerie, Esq.,Attorney for the Younger Children.

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

(M-2129) -2- July 5, 2018

Respondent-appellant father having moved for leave toprosecute, as a poor person, the appeal taken from the order of the Family Court, Bronx County, entered on or about March 28,2018, and for assignment of counsel, a free copy of thetranscript, and for related relief,


It is ordered that the instant motion is granted to theextent of (1) assigning, pursuant to Article 18b of the CountyLaw and § 1120 of the Family Court Act, Bruce A. Young, Esq., 100 Church Street, Suite 800, New York, New York, 10007,Telephone No. 646-775-8994, 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 a copy of this order upon the Clerk of the Family Court.

ENTERED:

_____________________ CLERK




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

- - - - - - - - - - - - CONFIDENTIAL Michael F-S., M-2264

Petitioner-Appellant, Docket No. V-28953-17

-against-

Tamara F.,Respondent-Respondent.

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

Petitioner-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 May 1, 2018, and forassignment of counsel, a free copy of the transcript, and forrelated relief,


Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Susan Barrie, Esq., 401 Broadway,Suite 1902, New York, New York 10013, Telephone No. 917-612-5999,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 onappeal, 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


(M-2264) -2- July 5, 2018

(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


Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices. ---------------------------------------XIn the Matter of the Guardianship ofthe Persons and Custody of

Richie Noah V., also known asRichie V.;

Jessica Rose M., also known asJessica R. M., also known as CONFIDENTIALJessica M., M-2130

Docket Nos. B-34985/14Children Under 18 Years of Age Pursuant B-40369/15to §384-b of the Social Services Law of the State of New York and/or Article 6of the Family Court Act.

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

Petitioner-Respondent,

Stephanie M.Respondent-Appellant.- - - - - - - - - -

Dawne A. Mitchell, Esq., The Legal Aid Society, Juvenile Rights Division,

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

Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal from two orders of the Family Court,New York County, entered on or about March 26, 2018 and on orabout March 19, 2018, and for assignment of counsel, a free copyof the transcript, and for related relief,


(M-2130) -2- July 5, 2018

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, Susan Barrie, Esq., 401 Broadway,Suite 1902, New York, New York, 10013, Telephone No. 917-612-5999, as counsel for purposes of prosecuting the appeal; (2)directing the Clerk of said Family Court to have transcribed theminutes of the proceedings held therein, for inclusion in therecord on appeal, the cost thereof to be charged against the Cityof New York from funds available 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




------------------------------------XIn the Matter of a Proceeding forCustody/Visitation Under Article 6 of the Family Court Act.

- - - - - - - - - - - - CONFIDENTIAL Lattina B., M-1805

Petitioner-Appellant, Docket Nos. V-40876-12/15B V-40876-12

-against-

Daquan H.,Respondent-Respondent.

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

Elliot Podhorzer, Esq., court attorney for the subjectchild, having moved on the 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 9, 2018, andfor assignment of counsel, a free copy of the transcript, and forrelated relief,


It is ordered that the motion is granted to the extent of(1) assigning, pursuant to §1120 of the Family Court Act, KennethM. Tuccillo, Esq., 591 Warburton Avenue, Suite 576, Hastings onHudson, New York, 10701, Telephone No. 914-439-4843, as counselfor purposes of responding to the appeal; (2) permitting movantto respond to the appeal upon a reproduced respondent’s brief, on

(M-1805) -2- July 5, 2018

condition that one copy of such brief be served upon the attorneyfor petitioner-appellant and 8 copies thereof are filed with thisCourt. (See M-2273 and M-1658, decided simultaneously herewith.)

ENTERED:

_____________________ CLERK




- - - - - - - - - - - - - - CONFIDENTIAL Lattina B., M-1658


-against-


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

Respondent-Respondent having moved for leave to respond, asa poor person, to the appeal from an order of the Family Court,New York County, entered on or about February 9, 2018, and forassignment of counsel, a free copy of the transcript, and forrelated relief,


It is ordered that the motion is granted to the extent of(1) assigning, pursuant to §1120 of the Family Court Act, AndrewJ. Baer, Esq., 299 Broadway, Suite 1415, New York, NY 10007,Telephone No. 212-233-0318, as counsel for purposes of respondingto the appeal; (2) permitting movant to respond to the

(M-1685) -2- July 5, 2018

appeal upon a reproduced respondent’s brief, on condition thatone copy of such brief be served upon the attorney forpetitioner-appellant and 8 copies thereof are filed with thisCourt. (See M-1805 and M-2273, decided simultaneously herewith.)

ENTERED:

_____________________ CLERK




- - - - - - - - - - - - - - CONFIDENTIAL Lattina B., M-2273


-against-


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

Petitioner-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 9, 2018, and forassignment of counsel, a free copy of the transcript, and forrelated relief,


Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Larry S. Bachner, Esq., P.C., c/oBachner & Associates, P.C., 39 Broadway, Suite 1610, New York,New York, 10006, Telephone No. 917-674-9516, as counsel forpurposes of prosecuting the appeal; (2) directing the Clerk ofsaid Family Court to have transcribed the minutes of the

(M-2273) -2- July 5, 2018

proceedings 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.(See M-1805 and M-1658 decided simultaneously herewith.)

ENTERED:

_____________________ CLERK



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


--------------------------------------XIn the Matter of a Custody/VisitationProceeding Under Article 6 of the Family Court Act. - - - - - - - - - - - - - - - CONFIDENTIALJolanda K., M-1993 Petitioner-Respondent, Docket No. V-28224/13

-against-

Damian B., Respondent-Appellant. - - - - - - - - - - - - - - - Bruce A. Young, Esq.,

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

Wendy J. Claffee, Esq., court attorney for the subjectchild, having moved on said child’s behalf, for leave to respond,as a poor person, to the appeal taken from the order of theFamily Court, Bronx County, entered on or about May 2, 2017, andfor assignment of counsel, a free copy of the transcript, and forrelated relief,


It is ordered that the motion is granted to the extent of(1) assigning, pursuant to §1120 of the Family Court Act, BruceA. Young, Esq., 100 Church Street, Suite 800, New York, New York,10007, Telephone No. 646-775-8994, as counsel for purposes ofresponding to the appeal; (2) permitting movant to respond to the

(M-1993) -2- July 5, 2018

appeal upon a reproduced respondent’s brief, on condition that one copy of such brief be served upon the attorney forrespondent-appellant and 8 copies thereof are filed with thisCourt.

ENTERED:

_____________________ CLERK



--------------------------------------XIn the Matter of a Custody/VisitationProceeding Under Article 6 of theFamily Court Act.

- - - - - - - - - - - - - -Lenora D.,

Petitioner-Respondent, CONFIDENTIAL

-against- M-2097Docket Nos. V-3842/17

Richard R., V-5502/17 Respondent-Appellant,

Victoria H.,Respondent. - - - - - - - - - - - - - -

Elizabeth Congdon, Esq.,Attorney for the Child.

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

Miguelina Camilo, Esq., court attorney for the subjectmaternal grandmother, having moved on the grandmother's behalffor leave to respond, as a poor person, to the appeal from theorder of the Family Court, Bronx County, entered on or aboutMarch 2, 2018, and for assignment of counsel, a free copy of thetranscript, and for related relief,


It is ordered that the motion is granted to the extent of(1) assigning, pursuant to §1120 of the Family Court Act, LarryBachner, P.C., c/o Bachner & Associates, P.C., 39 Broadway, Suite1610, New York, NY 10006, Telephone No. 917-674-9516, as counselfor purposes of responding to the appeal; (2) permitting movant

(M-2097) -2- July 5, 2018

to respond 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



------------------------------------XIn the Matter of a Family OffenseProceeding Under Article 8 of theFamily Court Act.

- - - - - - - - - - - - - -Jaraira Del Carmen C., CONFIDENTIAL

Petitioner-Appellant, M-2465Docket No. V-200/11

-against-

Junior M.,Respondent-Respondent. - - - - - - - - - - - - - -

Erin Burkavage, Esq.,The Children’s Law Center,

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

Respondent-respondent having moved for leave to respond, asa poor person, to the appeal from the order of the Family Court,Bronx County, entered on or about February 8, 2017, and forassignment of counsel, a free copy of the transcript, and forrelated relief,


It is ordered that the motion is granted to the extent of (1) assigning, pursuant to §1120 of the Family Court Act,Kenneth M. Tuccillo, Esq., 591 Warburton Avenue, #576, Hastingson Hudson, NY 10701, 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, on

(M-2465) -2- July 5, 2018

condition that one copy of such brief be served upon the attorneyfor petitioner-appellant and 8 copies thereof are filed with thisCourt.

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices. ------------------------------------XIn the Matter of a Proceeding forCustody/Visitation Under Article 6of the Family Court Act. - - - - - - - - - - - - - - Dianna A. P., CONFIDENTIAL Petitioner-Respondent, M-2328

Docket Nos. V-34873-12/16G -against- V-34873-12/16H V-34873-12/16IDamon V. B.-D., Respondent-Appellant. - - - - - - - - - - - - - - Helene Bernstein, Esq., Attorney for the Child.------------------------------------X

Adam Joseph Brown, Esq., court attorney for the subjectchild, having moved on the 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 August 29, 2017, 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 extent of(1) assigning, pursuant to §1120 of the Family Court Act, HeleneBernstein, Esq., 44 Court Street, Suite 905, Brooklyn, New York11201, Telephone No. (718) 875-8705, as counsel for purposes ofresponding to the appeal; (2) permitting movant to respond to

(M-2328) -2- July 5, 2018

the appeal upon a reproduced respondent’s brief, on conditionthat one copy of such brief be served upon the attorney forrespondent-appellant and 8 copies thereof are filed with thisCourt.

ENTERED:

_____________________ CLERK



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

Asia Lynn S.,

A Dependent Child Under 18 Years CONFIDENTIALof Age Pursuant to §384-b of the M-2108Social Services Law of the State Docket Nos. B-13784-13/15Aof New York. B-13784-13 - - - - - - - - - - - - - - - Good Shepherd Services, and Administration for Children’sServices,

Petitioners-Respondents,

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

Randall Carmel, Esq.,Attorney for the Child.

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

Thomas J. Caruso, Esq., court attorney for the subjectchild, having moved on the child's behalf for leave to respond,as a poor person, to the appeal from the order of the FamilyCourt, Bronx County, entered on or about January 3, 2017, and for assignment of counsel, a free copy of the transcript, and for related relief,


It is ordered that the motion is granted to the extent of(1) assigning, pursuant to §1120 of the Family Court Act, RandallCarmel, Esq., 410 Jericho Turnpike, Suite 302, Jericho, NY 11753,Telephone No. 603-313-1951, as counsel for purposes of respondingto the appeal; (2) permitting movant to respond to the appeal

(M-2108) -2- July 5, 2018

upon are produced respondent’s brief, on condition that one copy of such brief be served upon the attorney for respondent-appellant and 8 copies thereof are filed with this Court.

ENTERED:

_____________________ CLERK



------------------------------------XIn the Matter of a Family OffenseProceeding Under Article 8 of theFamily Court Act.

- - - - - - - - - - - - - CONFIDENTIALRosa N., M-3046

Petitioner-Respondent, Docket No. O-32936/16

-against-

Luis F.,Respondent-Appellant.

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

Petitioner-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 July 12, 2017, and forassignment of counsel, a free copy of the transcript, and forrelated relief,


It is ordered that the motion is granted to the extent of(1) assigning, pursuant to §1120 of the Family Court Act, MarionC. Perry, Esq., 8232 18th Avenue, Brooklyn, NY 11214, TelephoneNo. 347-674-8716, as counsel for purposes of responding to theappeal; (2) permitting movant to respond to the appeal upon areproduced respondent’s brief, on condition that one copy of such brief be served upon the attorney for respondent-appellantand 8 copies thereof are filed with this Court.

ENTERED:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Judith J. Gische Marcy L. Kahn Anil C. Singh Peter H. Moulton, Justices.

------------------------------------XIndependent Chemical Corporation,



Sujanan Thundel Puthanpuraryil andArcadia Chemical and Preservative, LLC,

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

An appeal having been taken from two orders of the SupremeCourt, New York County, entered on or about April 12, 2018 andApril 13, 2018,

And defendants-appellants having moved to stay said orders directing the production of certain documents and information,pending hearing and determination of the aforesaid appeal,


It is ordered that the motion is granted only to the extentof staying disclosure pertaining to defendant-appellant's ArcadiaChemical and Preservative, LLC’s customer list as to customerswhich were not customers of plaintiff's while defendant Sujananwas employed by plaintiff, on condition the appeal is perfectedfor the October 2018 Term, and is otherwise denied.

ENTERED:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Peter Tom Angela M. Mazzarelli Anil C. Singh, Justices. -------------------------------------XTomoko Watabe, et al.,

Plaintiffs-Respondents,

-against- M-2835Index No. 110302/08

Ci:Labo USA, et al.,

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

Defendants-appellants having moved for a stay of trial,pending hearing and determination of the purported appeals takenfrom the orders of the Supreme Court, New York County, entered on or about August 12, 2016 and February 5, 2018, although the moving papers do not include a notice of appeal(s) nor theorder(s) being appealed,



ENTERED:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Judith J. Gische Richard T. Andrias Jeffrey K. Oing, Justices. -------------------------------------XThe People of the State of New York,

Respondent,

-against- M-2123 Ind. Nos. 5963/11

Melvin Allison, 4251/13Defendant-Appellant.

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

A Certificate Granting Leave (M-5784), having been enteredon or about December 7, 2017, which granted defendant leave toappeal from an order of the Supreme Court, New York County,entered on or about February 10, 2017,

And an order of this Court having been entered on May 15,2014 (M-1275), granting defendant leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, NewYork, rendered on or about February 7, 2014, and assigning counsel for said appeal,

And defendant-appellant having moved for an extension oftime within which to file an untimely notice of appeal underCPL460.30, pursuant to the aforesaid Certificate Granting Leave(M-5784),


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

ENTERED:

_____________________ CLERK


Present - Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Judith J. Gische Angela M. Mazzarelli Ellen Gesmer, Justices,


Respondent,

-against- M-2244 Ind. No. 4805/16

Keenan Gates,Defendant-Appellant.

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

Defendant having moved for an order withdrawing his priormotion for assigned counsel under Article 18-B of the Court Law and for an enlargement of time to perfect the appeal takenfrom a judgment of the Supreme Court, New York County, renderedon or about October 28, 2017,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the December 2018Term. That branch of the motion seeking to withdraw a purportedpending motion for assignment of 18-B appellate counsel is deniedas unnecessary, no such motion having been filed under New YorkCounty Ind. No. 4805/16.

ENTERED:

_____________________ CLERK


Present: Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter

Richard T. Andrias Marcy L. Kahn Peter H. Moulton, Justices. -------------------------------------XIn the Matter of

Shaila C.,

A Child Under 18 Years of Age Allegedto be Neglected and/or Abused Under CONFIDENTIALArticle 10 of the Family Court Act. M-2141

- - - - - - - - - - - - - Docket No. NN-19085/17Commissioner of Children’s Servicesof the City of New York,

Petitioner-Appellant,

Shirley O.,Respondent-Respondent.

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

An appeal having been taken to this Court from the order ofthe Family Court, Bronx County, entered on or about July 19,2017,


(M-2141) -2- July 5, 2018

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

ENTERED:

_____________________ CLERK


Present - Hon. Rosalyn H. Richter, Justice Presiding, Peter Tom Angela M. Mazzarelli Ellen Gesmer Peter H. Moulton, Justices.


Respondent,

-against- M-2574 DC #25

Jason Cummings, Ind. Nos. 4863/13 2636/13


An appeal having been taken to this Court by defendant fromjudgments of the Supreme Court, New York County, rendered on orabout March 26, 2015,



Now, upon the Court's own motion,

It is ordered that the appellant's time to perfect theappeal is enlarged to the September 2018 Term and counsel isdirected to so perfect.

ENTERED:

_____________________ CLERK


Hon. Rosalyn H. Richter,Peter TomAngela M. MazzarelliEllen GesmerPeter H. Moulton,

Present Justice Presiding,

Justices.

XThe People of the State of New York,

Respondent,

-against- M—2566DC #17

Ind. No. 4714/11Robert Cartagena,

Defendant-Appellant.X

An appeal having been taken to this Court by defendant fromthe judgment of the Supreme Court, New York County, rendered onor about April 30, 2014,



Now, upon the Court's own motion,

It is ordered that the appellant's time to perfect theappeal is enlarged to the September 2018 Term and counsel isdirected to so perfect.

ENTERED:

CLERKy


Present: Hon. John W. Sweeny, Jr.,Rosalyn H. RichterSallie Manzanet-DanielsRichard T. Andrias,

Justice Presiding,

Justices i

•XThe People of the State of New York,

Respondent,


Bismark Lithgow,Defendant-Appellant.

■X

Defendant-appellant having moved for leave to file apro se supplemental brief in connection with an appeal from ajudgment of the Supreme Court, New York County, rendered on orabout April 1, 2015, for a copy of the trial transcripts and foran enlargement of time in which to file said pro se supplementalbrief,

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 directing defendant to serve and file 8 copies of hispro se supplemental brief on or before September 4, 2018 forthe November 2018 Term, to which Term the appeal is adjourned.The Clerk of the Court is directed to forward to the Warden atthe State correctional facility wherein defendant is incarcerateda transcript of the minutes relating to defendant's appeal, saidtranscript to be made available to appellant and returned byappellant to this Court when submitting the pro se supplementalbrief hereto.material furnished to appellant has been returned.

The appeal will not be heard unless and until all

ENTERED:

' CLERKy

At a Term of the Appellate Division of the Supreme Court...

Documents

Transcript of At a Term of the Appellate Division of the Supreme Court...