at a term of the appellate division of the supreme court held ......at a term of the appellate...

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on February 15, 2018.

Present - Hon. Rolando T. Acosta, Presiding Justice, John W. Sweeny, Jr. Judith J. Gische Richard T. Andrias Ellen Gesmer, Justices.

---------------------------------------XIn the Matter of the Application ofDanny Rincon,

Petitioner,

For a Judgment Pursuant to Article 78 M-6173of the Civil Practice Law and Rules, Index No. 102084/15

-against-

New York County District Attorney’sOffice (Cyrus Vance, Jr., DA),

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

Petitioner having moved for leave to appeal to this Courtfrom an order of the Supreme Court, New York County, entered onor about October 30, 2017,

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

It is ordered that the motion is denied as unnecessary, theappeal lying as of right from a final judgment (CPLR 5701[A][1]). Sua sponte, petitioner is granted an extension of 30 days time tofile a notice of appeal from the date of entry hereof.

ENTERED:

_____________________ CLERK



-----------------------------------XMichael Saginor,

Plaintiff-Appellant,

-against- M-6240 Index No. 595050/14 Friars 50th Street Garage, Inc.,et al.,

Defendants-Respondents. - - - - - - - - - - - - - [And other actions]

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

Plaintiff-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 February 6, 2017,


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

ENTERED:

_____________________ CLERK



---------------------------------------XDr. Richard (Ricardo) Cordero, Esq.,

Plaintiff-Appellant, M-6363

-against- Index No. 25026/15E

Viviana Barreiro-Colon, etc., et al.,

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

An appeal having been taken to this Court from the order ofthe Supreme Court, Bronx County, entered on or about January 25,2016,

And plaintiff-appellant having moved for leave to prosecutethe appeal as a poor person, to deem the appeal alreadyperfected, and for other relief,


It is ordered that the motion is granted only to the extentof enlarging the time to perfect the appeal to the June 2018Term, with no further enlargements to be granted. Plaintiff is directed to fully comply with this Court’s Rules 600.10 and600.11. The motion, to the extent it seeks poor person and otherrelief, is denied.

ENTERED:

_____________________ CLERK


Present - Hon. David Friedman, Justice Presiding, Angela M. Mazzarelli Barbara R. Kapnick Troy K. Webber Peter H. Moulton, Justices.

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

Respondent,

-against- M-6210 Ind. Nos. 1841/12

Anthony Dejesus, also known as Anthony DeJesus, Defendant-Appellant.--------------------------------------X

An order of this Court having been entered on December 8,2016 (M-5350), inter alia, granting defendant's motion for leaveto prosecute, as a poor person, the appeal from a judgment of the Supreme Court, New York County, rendered on or about May 26,2015, under Indictment No. 1841/12, and assigning counseltherefor,

And defendant-appellant having moved for an order amendingthe aforementioned order of assignment to include the judgment ofresentence of said Court rendered on or about November 14, 2017under the same indictment number,


It is ordered that said motion is granted to the extent of amending defendant's notice of appeal and the aforementionedorder of assignment to include judgment of resentence of saidCourt rendered on or about November 14, 2017 under the sameindictment number, and extending the poor person reliefpreviously granted to cover same.

ENTERED:

_____________________ CLERK


Present - Hon. David Friedman, Justice Presiding, Peter Tom Angela M. Mazzarelli Anil C. Singh, Justices. ------------------------------------XSumner Redstone,

Plaintiff-Respondent,

-against-M-189

Manuela Herzer, Index No. 159840/16 Defendant-Appellant,

-and-

Hotel Carlyle Owners Corporation,Defendant-Respondent.

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

An appeal having been taken to this Court from the order and judgment (one paper) of the Supreme Court, New York County,entered on or about October 26, 2017,

And defendant-appellant having moved for a stay ofenforcement of the order and judgment pending hearing anddetermination of the aforesaid appeal; for an order enjoiningplaintiff and/or defendant-respondent from taking any action to evict defendant or encumbering the apartment with a securityinterest, and for other relief,


It is ordered that the motion is denied.

ENTERED:

_____________________ CLERK


Present - Hon. David Friedman, Justice Presiding, Angela M. Mazzarelli Barbara R. Kapnick Troy K. Webber Peter H. Moulton, Justices.

-------------------------------------XThe Prudential Insurance Company ofAmerica, et al.,

Plaintiffs-Respondents,

-against- M-6249 Index No. 656275/17 The Legal Coverage Group, Ltd.,et al.,

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

Defendants-appellants having moved for a stay of enforcementof the order of the Supreme Court, New York County, entered on orabout November 19, 2017, pending hearing and determination of theappeal taken therefrom,



ENTERED:

_____________________ CLERK


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

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

Respondent,

-against- M-6566 Ind. No. 2644/14

Richard Marini, Defendant-Appellant.-------------------------------------X

An order of this Court having been entered on December 6,2016 (M-4553), inter alia, granting defendant's motion for leaveto prosecute, as a poor person, the appeal from a judgment of theSupreme Court, New York County, rendered on or about February 16,2016, under Indictment No. 2644/14, and assigning counseltherefor,

And defendant-appellant having moved for an order amendingthe notice of appeal and the aforementioned order of assignmentto include the Restitution Correction Judgment of the same court,rendered on or about April 4, 2017, sentencing the defendant topay restitution in the amount of $648,693.24 on his conviction on the above February 16, 2016 Judgment under New York CountyInd. No. 2644/14,


(M-6566) -2- February 15, 2018

It is ordered that said motion is granted to the extent of amending defendant's notice of appeal and the aforementionedorder of assignment to include the Restitution CorrectionJudgment and extending the poor person relief and assignment ofthe Center for Appellate Litigation as counsel to cover same.

ENTERED:

_____________________ CLERK


Present - Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Marcy L. Kahn Cynthia S. Kern, Justices.

-----------------------------------------XIn the Matter of the Guardianship ofthe Person and Custody of

Frank Enrique S., Jr., CONFIDENTIAL

A Dependent Child Under 18 Years of M-6224Age Pursuant to §384-b of the Social Docket No. B-18651/13 Services Law of the State of New York. - - - - - - - - - - - - - - - - Catholic Guardian Society & Home Bureau,now known as Catholic Guardian Services,and The Commissioner of Social Servicesof the City of New York, Petitioners-Respondents,

Karina F., Respondent-Appellant. - - - - - - - - - - - - - - - -Tamara Steckler, Esq.,

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

An appeal having been taken from an order and judgment(one paper) of the Family Court, New York County, entered on or about February 4, 2015,

And an interim order of a Justice of this Court, having been entered on or about July 27, 2017, granting respondent an interim stay of adoption of the subject child pendingdetermination of the motion within,

And an order of this Court having been entered on September 12, 2017 (M-4023), inter alia, denying a stay ofadoption of the child Frank Enrique S., Jr., under Docket No. B-18651/13, and vacating the interim stay of adoption granted by the order of a Justice of this Court, dated July 27, 2017,

(M-6224) -2- February 15, 2018

And an order of this Court having been entered on February 13, 2018 (M-5739/M-5740/M-5937), inter alia, denyingrespondent-appellant’s motion to renew a stay of adoption of the child Frank Enrique S., Jr., under Docket No. B-18651/13, and granting dismissal of the appeal as to the subject child,

And respondent-appellant having moved for vacatur of the“judgment of orders of neglect and termination of parental rightsas against her,”


It is ordered that the motion is denied, the appeal havingbeen dismissed by the order of this Court entered February 13,2018 (M-5739/M-5740/M-5937).

ENTERED:

_____________________ CLERK



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

Respondent, CONFIDENTIAL

-against- M-6193 Ind. No. 2286/15

Lateef Green, Defendant-Appellant.

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

An order of this Court having been entered on September 1,2016 (M-3634), inter alia, granting defendant's motion for leaveto prosecute, as a poor person, the appeal from a judgment of theSupreme Court, New York County, rendered on or about February 4,2016, under Indictment No. 2286/15, and assigning counseltherefor,

And defendant-appellant having moved for an order amendingthe aforementioned order of assignment to include the judgment of resentence of said Court, rendered on or about March 29, 2017,under the same indictment number,


It is ordered that said motion is granted to the extent of amending defendant's aforementioned order of assignment toinclude the judgment of resentence of said Court, rendered on or about March 29, 2017, under the same indictment number, andextending the poor person relief previously granted to coversame.

ENTERED:

_____________________ CLERK

CORRECTED ORDER - April 5, 2018


Justice Presiding,Hon. Dianne T. Renwick,Rosalyn H. RichterSallie Manzanet-DanielsMarcy L. KahnCynthia S. Kern,

Present:

Justices.

XIn the Matter of

Jayden T.,and Justin T. ,

CONFIDENTIALM-5934M-5936

Docket Nos. NN-45519/14NN-45520/14

Children Under 18 Years of Age Allegedto be Neglected Under Article 10 ofthe Family Court Act.

The Administration for Children'sServices,

Petitioner-Respondent,

Abbigale T. (Deceased/mother),

Lesleen T.,Non-Respondent (maternalgrandmother) Appellant,

Lisa May, Esq.,Lawyers for Children,Attorney for the Children

X

Non-respondent (maternal grandmother) appellant, Lesleen T.,having moved for leave to prosecute as a poor person, the appealtaken from an order of the Family Court, New York County, enteredon or about November 15, 2017, and for assignment of counsel, afree copy of the transcript, and for related relief (M-5934),

And non-respondent (maternal grandmother) appellant,Lesleen T., having moved by separate motion for a stay ofsuspension of visitation (M-5936),

CORRECTED ORDER - April 5. 2018

(M-5934/M-5936) February 15, 2018-2-

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

Ordered that the motion (M-5934) is granted to the extentof (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Thomas R. Villecco, Esq., 366North Broadway, Suite #410, Jericho, NY 11753, Telephone No.(516) 942-4221, 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 anyfee for 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, and

The Clerk of the Family Court shall transfer the record

It is further ordered that non-respondent (maternalgrandmother) appellant, Lesleen T.'s motion for a stay ofsuspension of visitation is denied (M-5936).

ENTERED:

CLERK V

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


Present - Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Marcy L. Kahn, Justices. ----------------------------------------XSarah Weinberg,


-against-

David Kaminsky, et al., M-6222Defendants, Index No. 150869/17

-and-

Linda Salamon, et al.,Defendants-Respondents.

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

Appeals having been taken to this Court by plaintiff from orders of the Supreme Court, New York County, entered on or about February 22, 2017 and August 4, 2017,

And plaintiff-appellant having moved for an enlargement oftime to perfect the appeal from the order entered on or aboutFebruary 22, 2017,


It is ordered that, sua sponte, the aforesaid appeals are consolidated, and appellant is permitted to prosecute theconsolidated appeals upon 9 copies of one record and one set of

(M-6222) -2- February 15, 2018

points covering said consolidated appeals. The attention of the parties is directed to 22 NYCRR §600.11, and it is further,

Ordered that the time to perfect the consolidated appeals is enlarged to the June 2018 Term.

ENTERED:

_____________________ CLERK



---------------------------------------XChris H., also known as Christopher H.,

Plaintiff-Appellant, CONFIDENTIAL

-against- M-6227Index No. 302635/09

Marisa S., also known as Maria S.-H.,

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

Plaintiff-appellant having moved for a stay of the order of the Supreme Court, New York County, entered on or aboutNovember 28, 2017, pending hearing and determination of theappeal taken therefrom,

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


ENTERED:

_____________________ CLERK



---------------------------------------XBrian Mooney,


-against- Index No. 153483/13

BP/CG Center II, LLC, Citigroup, Inc., M-5642Structure Tone, Inc., Furniture M-5297Consulting, Inc. and Steelcase, Inc., M-5505

Defendants-Respondents. M-6198- - - - - - - - - - - - - -

Structure Tone, Inc.,Third-Party Plaintiff-Respondent,


Furniture Consulting, Inc.,Third-Party Defendant-Respondent. - - - - - - - - - - - - - -

[And other actions]---------------------------------------X

Appeals having been taken to this Court by plaintiff fromthe order of the Supreme Court, New York County, entered on orabout August 15, 2017, and from the judgment of said Court,entered on or about October 12, 2017,

And defendant-respondent, Steelcase, Inc., having separatelymoved to dismiss and strike plaintiff’s notice of appeals datedSeptember 20, 2017 (M-5642) and October 30, 2017 (M-5297),

And defendant/third-party defendant-respondent, FurnitureConsulting, Inc., (M-5297) and defendant-respondent BP/CG CenterII, LLC (M-5505) having moved and cross-moved respectively todismiss and strike plaintiff’s notice of appeal dated September 20, 2017,

(M-5642/M-5297) -2- February 15, 2018(M-5505/M-6198)

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

It is ordered that the motions and the cross motion aregranted to the extent of deeming the appeal from the orderentered on or about August 15, 2017 dismissed, as subsumed in the appeal from the judgment entered on or about October 12, 2017 (CPLR 5501[a]).

ENTERED:

_____________________ CLERK


Present - Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Marcy L. Kahn Cynthia S. Kern, Justices. ----------------------------------------XThe People of the State of New York,

Respondent,

-against- M-5341Ind. No. 1434/14

Kelvin Busgith,

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

Defendant having moved, through retained counsel, forlimited poor person relief to prosecute the appeal from ajudgment of the Supreme Court, Bronx County, rendered on or about March 3, 2017, for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for other 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 serve one copy ofsuch brief upon the District Attorney of said county and file 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

(M-5341) -2- February 15, 2018

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.

Defendant-appellant's time in which to perfect the appeal is enlarged until 120 days from the date of filing of the record.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Rosalyn H. Richter, Justice Presiding, Angela M. Mazzarelli Troy K. Webber Cynthia S. Kern Jeffrey K. Oing, Justices.

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

M-6751 -against- Docket No. V-35820/15

Juana F. H., Respondent-Appellant. - - - - - - - - - - - - - - -Aleza Ross, Esq., Attorney for the Child.-------------------------------------X

Attorney for the subject child having moved to dismiss theappeal taken from an order of the Family Court, New York County,entered on or about February 25, 2016, and said appeal havingbeen perfected,

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

Ordered that the motion is granted to the extent of deemingthe appeal withdrawn.

ENTERED:

_____________________ CLERK


Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Angela M. Mazzarelli Richard T. Andrias Ellen Gesmer Jeffrey K. Oing, Justices. ---------------------------------------XIn the Matter of

Kaythen P., Celiane P. CONFIDENTIAL and Katiane P., M-5994

Docket Nos. NA-29425/16Children Under 18 Years of Age NA-29426/16Alleged to be Abused and/or Neglected NA-29427/16Under Article 10 of the Family Court Act. - - - - - - - - - - - - - - - Administration for Children’s Services,

Petitioner-Respondent,

Cesar P.,Respondent-Appellant,

Katherine R. and Justina C.,Respondents.- - - - - - - - - - - - - - -

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

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

An order of this Court having been entered on April 25, 2017 (M-1119), granting respondent-appellant leave to prosecute,as a poor person, the appeal taken from a judgment of the FamilyCourt, Bronx, County, entered on or about January 18, 2017, andassigning Andrew J. Baer, Esq., as counsel to prosecute theappeal; and a motion having been made to relieve such counsel,and for related relief,

(M-5994) -2- February 15, 2018


It is ordered that the motion is granted to the extent ofdeeming the appeal withdrawn, and relieving Andrew J. Baer, Esq.,as appellate counsel to respondent-appellant.

ENTERED:

_____________________ CLERK


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


Respondent, M-44 -against- Ind. No. 1597/10

Jermel Redwine,

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

An appeal having been taken from a judgment of the SupremeCourt, New York County, rendered on or about November 23, 2010,

Now, upon reading and filing the stipulation of the partieshereto, dated December 21, 2017, and due deliberation having beenhad thereon,

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

ENTERED:

_____________________ CLERK


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

John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices.

--------------------------------------XIn the Matter of the Retention of Debra S., CONFIDENTIAL

M-6753 Petitioner-Respondent, Index No. 310/03 A Patient Admitted to

Montefiore Medical Center - Wakefield Division,

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

An appeal having been taken from an order of the SupremeCourt, Bronx County, entered on or about December 26, 2017,

And respondent-appellant having moved to stay the aforesaidorder pending determination of the appeal,

Now, upon reading and filing the stipulation of the partieshereto, filed January 23, 2018, and due deliberation having beenhad thereon,

It is ordered that respondent’s motion and appeal are withdrawn in accordance with the aforesaid stipulation.

ENTERED:

_____________________ CLERK



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

M-6034 -against- Ind. No.2178/13

Michael Boone, Defendant-Appellant.-------------------------------------X

An appeal having been taken from a judgment of the SupremeCourt, New York County, rendered on or about November 10, 2016,

And defendant, pro se, having moved for a stay of theaforesaid judgment, and for bail, or to be released on his ownrecognizance,

Now, upon reading and filing the correspondence fromdefendant, dated January 3, 2018, and due deliberation havingbeen had thereon,

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

ENTERED:

_____________________ CLERK


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

John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices.

----------------------------------------XKante Loceni,



Richard Klinghoffer and Robert Manasier,

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

An appeal having been taken from an order of the SupremeCourt, Bronx County, entered on or about October 27, 2016, andsaid appeal having been perfected,


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

ENTERED:

_____________________ CLERK

CORRECTED ORDER - February 16. 2018At a Term of the Appellate Division of the Supreme

Court held in and for the First Judicial Department inthe County of New York on February 15, 2018.

Presiding Justice,Hon. Rolando T. Acosta,David FriedmanJohn W. Sweeny, Jr.Rosalyn H. Richter,

Present

Justices -X

The People of the State of New York,SEALED

Respondent,M-239

Ind, Nos. 2648/142477/15

-against-

Abu S.,

Defendant-Appellant.X

An appeal having been taken from a judgment of the SupremeCourt, Bronx County, rendered on or about November 13, 2015,



ENTERED:

CLERK V


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

------------------------------------X437 West 16th Street, LLC,

Plaintiff-Appellant, M-203X


17th and 10th Associates, LLC, et al.,

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

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about February 15, 2017,

Now, after pre-argument conference and upon reading and filing the stipulation of the parties hereto, "so ordered"January 16, 2018, and due deliberation having been had thereon,


ENTERED:

_____________________ CLERK



------------------------------------XSabrina A.,

Plaintiff-Respondent, CONFIDENTIAL M-6001 -against- Index No. 304770/11

James A.,

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

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about October 24, 2017

And defendant-appellant having moved for a stay of theaforesaid order,



ENTERED:

_____________________ CLERK



------------------------------------XUnivision Communications Inc., et al., Plaintiffs-Respondents,

-against- M-61X Index No. 653568/16Charter Communications, Inc., Charter Communications Holding Company, LLC, and Time WarnerCable Enterprises LLC, Defendants-Appellants.------------------------------------XCharter Communications, Inc., Charter Communications Holding Company, LLC, and Time WarnerCable Enterprises LLC, Defendants/Counterclaim Plaintiffs-Appellants,

-and-

Spectrum Management Holding Company,LLC, Additional Counterclaim- Plaintiff-Appellant,

-against-

Univision Communications Inc., et al., Plaintiffs/Counterclaim- Defendants-Respondents.------------------------------------X

(M-61X) -2- February 15, 2018

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about March 6, 2017,

Now, after pre-argument conference and upon reading and filing the stipulation of the parties hereto, "so ordered"December 18, 2017, and due deliberation having been had thereon,


ENTERED:

_____________________ CLERK



------------------------------------XCharles Issendorf, individually and derivatively on behalf of EKS Holdings, LLC, Plaintiff-Respondent, M-147X Index No. 650556/15

-against-

Scott Kaylin, et al., Defendants,

-and-

Champion System, Ltd., et al., Defendants,

Surplus Garment Limited, Defendant-Appellant.------------------------------------X

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about April 20, 2016,

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


ENTERED:

_____________________ CLERK


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


Respondent, M-6369

-against- Ind. No. 1248/16

Brandon Garcia, Defendant-Appellant.-------------------------------------X

Defendant having moved for an enlargement of time in whichto file a notice of appeal from a judgment of the Supreme Court,New York County, rendered on or about May 2, 2017, for leave toprosecute the appeal as a poor person upon the original recordand a reproduced appellant's brief, and for related relief,


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

The court reporter shall promptly make and file with thecriminal court (CPL §460.70) one transcript of the stenographicminutes of any proceedings pursuant to CPL §210.20, Arts. 710 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-6369) -2- February 15, 2018

Christina Swarns, Esq., Office of the Appellate Defender, 11 Park Place, Room 1601, New York, New York 10007, Telephone No. (212)402-4100, is assigned as counsel for defendant-appellantfor purposes of the appeal. The time within which appellantshall perfect this appeal is hereby enlarged until 120 days fromthe date of filing of the record.

ENTERED:

_____________________ CLERK


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

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

Respondent,M-6607


Keiyon Gordon,


Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about March 28, 2017, for leaveto have the appeal heard upon the original record and areproduced appellant's brief, and for related relief,


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

The court reporter shall promptly make and file with thecriminal court (CPL §460.70) one transcript of the stenographicminutes of any proceedings pursuant to CPL §210.20, Arts. 710 and730, of the plea or trial and sentence. The Clerk shall furnisha copy of such transcripts to appellant's counsel, withoutcharge, the transcripts to be returned to this Court whenappellant's brief is filed.

(M-6607) -2- February 15, 2018

Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, 28th Floor, New York, New York 10005, TelephoneNo. 212-577-2523, is assigned as counsel for defendant-appellantfor purposes of the appeal. The time within which appellantshall perfect this appeal is hereby enlarged until 120 days fromthe date of filing of the record.

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Rosalyn H. Richter, Justices. ------------------------------------XThe People of the State of New York,

Respondent,M-6598


Juan Mercado,


Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,Bronx County, rendered on or about January 5, 2017, for leave tohave the appeal heard upon the original record and a reproducedappellant's brief, and for related relief,




(M-6598) -2- February 15, 2018


ENTERED:

_____________________ CLERK




Respondent,M-6685


Kevahn Thorpe,


An order of the Supreme Court, New York County, having beenentered on or about August 17, 2017, inter alia, granting poorperson relief with respect to the appeal taken from the judgmentof the same Court, rendered on or about August 10, 2017,




(M-6685) -2- February 15, 2018


ENTERED:

_____________________ CLERK


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


Respondent,

-against- M-6629 Ind. No. 3476/16 Brandon Monegro, Defendant-Appellant.-------------------------------------X

Defendant having moved for an enlargement of time in whichto file a notice of appeal from a judgment of the Supreme Court,New York County, rendered on or about March 30, 2017, for leaveto prosecute the appeal as a poor person upon the original recordand a reproduced appellant's brief, and for related relief,


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

The court reporter shall promptly make and file with thecriminal court (CPL §460.70) one transcript of the stenographicminutes of any proceedings pursuant to CPL §210.20, Arts. 710 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-6629) -2- February 15, 2018

Seymour W. James, Jr., Esq., 199 Water Street, 5th Floor,New York, New York 10038, Telephone No. 212-577-3688, is assignedas counsel for defendant-appellant for purposes of the appeal. The time within which appellant shall perfect this appeal ishereby enlarged until 120 days from the date of filing of therecord.

ENTERED:

_____________________ CLERK




Respondent,M-6602


Dwayne Mitchell,


Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about April 18, 2017, for leaveto have the appeal heard upon the original record and areproduced appellant's brief, and for related relief,




(M-6602) -2- February 15, 2018


ENTERED:

_____________________ CLERK


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


Respondent, CONFIDENTIAL M-6671 -against- Ind. No. 627/83 Reginald Tolliver,


Defendant having moved for leave to prosecute, as a poorperson, the appeal from the order of the Supreme Court, BronxCounty (Bruce, J.), entered on or about December 1, 2017, forleave to have the appeal heard upon the original record and upona reproduced appellant's brief, for an enlargement of time inwhich to perfect the appeal, and for related relief,


Ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record and upona reproduced appellant's brief, on condition that appellantserves one copy of such brief upon the District Attorney of saidcounty and files 8 copies of such brief, together with theoriginal record, pursuant to Rule 600.11 of the Rules of thisCourt.

The Clerk of the Supreme Court shall expeditiously have madeand file with the criminal court (CPL 460.70) one transcript ofthe stenographic minutes of the SORA hearing and any otherproceedings before Justice Bruce as yet not transcribed. TheClerk shall furnish a copy of such transcripts to appellant’scounsel, Seymour W. James, Jr., Esq., without charge, thetranscripts to be returned to this Court when appellant’s briefis filed.

(M-6671) -2- February 15, 2018

The time within which appellant shall perfect this appeal ishereby enlarged until 120 days from the date of filing of therecord.

ENTERED:

_____________________ CLERK




Respondent, M-6606


Brandon Simmons,


Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about September 20, 2016, forleave to have the appeal heard upon the original record and areproduced appellant's brief, and for related relief,




(M-6606) -2- February 15, 2018


ENTERED:

_____________________ CLERK


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


Respondent,

-against- M-6186 Ind. No. 2742/03 Jose A. Carrasco, also known asRuiz Jose A. Carrasco,


An order of this Court having been entered on October 2,2012 (M-3356), denying defendant’s motion to deem the movingpapers as a timely filed notice of appeal, for poor person relief and assignment of counsel,

And defendant having moved for reconsideration of theaforesaid order of this Court,


It is ordered that the motion is granted only to the extentof deeming the notice of appeal timely served, and is otherwisedenied, with leave to renew, upon submission of an affidavit,signed by defendant and notarized, setting forth his indigency in compliance with CPLR 1101, and among other things, statingwhether his trial counsel was retained, and if so, setting forthan explanation as to why funds similar to those used to retaincounsel in the lower Court are not available to pursue thisappeal.

ENTERED:

_____________________ CLERK



-----------------------------------XOneWest Bank FSB,



Edgar Barbosa, et al.,

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

Defendants-respondents having moved for dismissal of theappeal taken from an order of the Supreme Court, Bronx County,entered on or about July 24, 2017,


It is ordered that the motion is denied without prejudice to raising any substantive arguments on appeal.

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

Tristen M., and Briana-Lee M.,

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

- - - - - - - - - - - - - - - CONFIDENTIAL Administration for Children’s Services, M-6536

Petitioners-Respondents, Docket Nos. NN-3797/17NN-3598/17

Karena R. M.,Respondent-Appellant.- - - - - - - - - - - - - - -

Seymour W. James, Jr., 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 an order of the Family Court,New York County, entered on or about November 15, 2017, 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, Aleza Ross, Esq., 31 Oak Street,Suite 26, Patchogue, NY 11772, Telephone No. (631) 361-6900, as

(M-6536) -2- February 15, 2018

counsel for purposes of prosecuting the appeal; (2) directing theClerk of said Family Court to have transcribed the minutes of theproceedings held therein, for inclusion in the record on appeal, the cost thereof to be charged against the City of New York fromfunds available therefor1 within 30 days (FCA 1121[7]) of serviceof a copy of this order upon the Clerk; (3) permitting appellantto dispense with any fee for the transfer of the record from theFamily Court to this Court. The Clerk of the Family Court shalltransfer the record upon receipt of this order; and (4) appellantis directed to perfect this appeal, in compliance with Rule600.11 of the Rules of this Court, within 60 days of receipt ofthe transcripts. Assigned counsel is directed to immediatelyserve a copy of this order upon the Clerk of the Family Court.

ENTERED:

_____________________ CLERK

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



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

Kayla C., Kylie D., Christian D., McKenzie G., and Melanie G.,

CONFIDENTIALChildren Under 18 Years of Age M-6357Alleged to be Neglected, Abused Docket Nos. NA-32217/16 Under Article 10 of the Family NA-32218/16 Court Act. NA-32216/16 - - - - - - - - - - - - - - NA-31273/16 Administration for Children’s NA-31272/16 Services, Petitioner-Appellant,

Faith J.,Respondent-Respondent,

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

Janette Cortes-Gomez, Esq., Family Court attorney forRespondent Faith J., having moved for leave to respond, as a poor person, to the appeal taken from the order of the FamilyCourt, Bronx County, entered on or about August 9, 2017, and forassignment of counsel, a free copy of the transcript, and forrelated relief,

(M-6357) -2- February 15, 2018


It is ordered that the motion is granted to the extent of(1) assigning, pursuant to §1120 of the Family Court Act, ElisaBarnes, Esq., B&B Urban, 419 Park Avenue South, 7th Floor, NewYork, NY 10016, Telephone No. (646) 484-5700, as counsel forpurposes of responding to the appeal; (2) permitting movant torespond to the appeal upon a reproduced respondent’s brief, oncondition that one copy of such brief be served upon the attorneyfor petitioner-appellant and 8 copies thereof are filed with thisCourt.

ENTERED:

_____________________ CLERK

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

BEFORE: Hon. Peter TomJustice of the Appellate Division

■XThe People of the State of New York,

M-6040Ind. No- 1779/0'

Respondent,-against-

CERTIFICATEDENYING LEAVEKimar Thompson,

Defendant.X

I, Peter Tom, a Justice of the Appellate Division, First

Judicial Department, do hereby certify that, upon applicatior

timely made by the above-named defendant for a certificate

pursuant to Criminal Procedure Law, sections 450.15 and 460.1

and upon the record and proceedings herein, there is no quest

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

Appellate Division, First Judicial Department, and permission

appeal from the order of the Supreme Court, New York County,

entered on or about September 15, 2017 is hereby denied./

Hon. I\gjÿer TomAssociate Justice

Dated: January 25, 2018New York, New York

EOTEKB FEB 1 5 2018




Respondent, M-6378

-against- Ind. Nos. 3914/08 2918/08

Robert Camarano, Defendant-Appellant.-------------------------------------X

An order of this Court having been entered on October 5,2017 (M-3484), inter alia, granting defendant leave to file a pro se supplemental brief in connection with the appeal from ajudgment of the Supreme Court, New York County, rendered on orabout June 21, 2010,

And defendant having moved for an extension of time in whichto file the pro se supplemental brief, and to be provided withcertain missing minutes set forth in the moving papers for use inpreparing said pro se supplemental brief,


It is ordered that the motion is granted to the extent ofdirecting defendant to serve and file 8 copies of his pro sesupplemental brief, as authorized in the order of this Court (M-3484), for the May 2018 Term of this Court, to which Term theappeal is adjourned. The Clerk is directed to forward to

(M-6378) -2- February 15, 2018

defendant, at his place of incarceration, the requested missingminutes, and advise the defendant that the appeal will not beheard until the minutes being forwarded and the minutespreviously forwarded are returned to the Clerk’s Office of thisCourt under New York County Indictment Nos. 3914/08 and 2918/08.

ENTERED:

_____________________ CLERK

at a term of the appellate division of the supreme court held ......at a term of the appellate...

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