at a term of the appellate division of the supreme court ...€¦ · dennis barr,...

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At a Term of the Appellate Division of the Supreme Court held in and for the First Judicial Department in the County of New York on November 26, 2013. Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices. ------------------------------------X Grupo Popular Investments, Corp., Plaintiff-Appellant, M-4721X -against- Index No. 651265/12 Kamran Hakim and Donald Tanen, Defendants-Respondents. ------------------------------------X An appeal having been taken from the order of the Supreme Court, New York County, entered on or about February 15, 2013, Now, after pre-argument conference and upon reading and filing the stipulation of the parties hereto, "so ordered" September 12, 2013, and due deliberation having been had thereon, It is ordered that the appeal is withdrawn in accordance with the aforesaid stipulation. ENTER: _____________________ CLERK

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Page 1: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom

Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

------------------------------------XGrupo Popular Investments, Corp.,

Plaintiff-Appellant, M-4721X

-against- Index No. 651265/12 Kamran Hakim and Donald Tanen,

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

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about February 15, 2013,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"September 12, 2013, and due deliberation having been had thereon,

It is ordered that the appeal is withdrawn in accordancewith the aforesaid stipulation.

ENTER:

_____________________ CLERK

Page 2: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom

Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

------------------------------------XCountry Bank,

Plaintiff-Respondent,

-against- M-5120X Index No. 653062/11

235 Ocean Parkway LLC, Defendant,

Jack Appelbaum,Defendant-Appellant,

Ernest R. Lantos, et al.,Defendants.

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

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about May 16, 2013,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"October 7, 2013, and due deliberation having been had thereon,

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

ENTER:

_____________________ CLERK

Page 3: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom

Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

------------------------------------XMayrelin Cofresi,

Plaintiff-Appellant, M—6088X

-against- Index No. 309580/10

Dwayne P. Washington, et al.,

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

An appeal having been taken from the order of the SupremeCourt, Bronx County, entered on or about March 4, 2013,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"October 8, 2013, and due deliberation having been had thereon,

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

ENTER:

_____________________ CLERK

Page 4: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom

Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

------------------------------------XPaula Henriquez,

Plaintiff-Appellant, M-5335X Index No. 304278/10

-against-

Wadekar Mohamed and Paul Nixon,Defendants-Respondents.

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

An appeal having been taken from the order of the SupremeCourt, Bronx County, entered on or about July 10, 2013,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"October 17, 2013, and due deliberation having been had thereon,

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

ENTER:

_____________________ CLERK

Page 5: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom

Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

------------------------------------XMountain Creek Acquisition LLC,

Plaintiff-Respondent, M-5336X

-against- Index No. 650565/11

Intrawest U.S. Holdings Inc.,

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

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about June 6, 2013,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"October 17, 2013, and due deliberation having been had thereon,

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

ENTER:

_____________________ CLERK

Page 6: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,

-against- M-5373 Ind. No. 4477/08Mario Cotto,

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

An appeal having been taken from the judgment of theSupreme Court, New York County, rendered on or about September 15, 2011,

Now, upon reading and filing the stipulation of theparties hereto, dated September 24, 2013, and due deliberationhaving been had thereon,

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

ENTER:

_____________________ CLERK

Page 7: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,

-against- M-5378 Ind. No. 498/08David Holland,

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

An appeal having been taken from the judgment of theSupreme Court, New York County, rendered on or about April 24,2012,

Now, upon reading and filing the stipulation of theparties hereto, dated October 11, 2013, and due deliberationhaving been had thereon,

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

ENTER:

_____________________ CLERK

Page 8: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,

-against- M-5383 Ind. No. 2628/12Brigitte Regnier,

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

An appeal having been taken from the judgment of theSupreme Court, New York County, rendered on or about September 14, 2012,

Now, upon reading and filing the stipulation of theparties hereto, dated September 24, 2013, and due deliberationhaving been had thereon,

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

ENTER:

_____________________ CLERK

Page 9: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Appellant,

-against- M-5386 Ind. No. 4661/10Luis Ortega,

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

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about September 6, 2012,

Now, upon reading and filing the stipulation of theparties hereto, dated October 8, 2013, and due deliberationhaving been had thereon,

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

ENTER:

_____________________ CLERK

Page 10: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Appellant,

-against- M-5387 Ind. No. 4661/10Silfredo Rojas,

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

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about September 6, 2012,

Now, upon reading and filing the stipulation of theparties hereto, dated October 8, 2013, and due deliberationhaving been had thereon,

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

ENTER:

_____________________ CLERK

Page 11: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,

-against- M-5389 Ind. No. 3600/00Dennis Barr,

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

An appeal having been taken from the judgment of theSupreme Court, Bronx County, rendered on or about May 31, 2000,

Now, upon reading and filing the stipulation of theparties hereto, dated September 26, 2013, and due deliberationhaving been had thereon,

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

ENTER:

_____________________ CLERK

Page 12: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom

Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

------------------------------------XPamela Brown,

Plaintiff-Respondent,

-against- M-5493XIndex No. 305902/09

MTLR Corp., A and J Produce Corp.and Hector L. Torres, Jr.,

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

An appeal having been taken from the order of the SupremeCourt, Bronx County, entered on or about January 22, 2013,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"October 17, 2013, and due deliberation having been had thereon,

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

ENTER:

_____________________ CLERK

Page 13: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom

Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

------------------------------------XMichael Barrett Reed,

Plaintiff-Respondent,

-against- M-5546XIndex No. 314171/11

Hillary Katz Reed,

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

Appeals having been taken from orders of the Supreme Court,New York County, entered on or about July 19, 2013, August 12,2013 and October 5, 2012, respectively,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"October 22, 2013, and due deliberation having been had thereon,

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

ENTER:

_____________________ CLERK

Page 14: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice,Peter TomAngela M. MazzarelliRichard T. AndriasDavid Friedman, Justices.

------------------------------------XElizabeth A. Spielfogel,

Plaintiff-Appellant,

-against- M-5606XIndex No. 350249/07

Larry R. Spielfogel,Defendant-Respondent.

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

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about March 4,2013,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"October 23, 2013, and due deliberation having been had thereon,

It is ordered that the appeal is withdrawn inaccordance with the aforesaid stipulation.

ENTER:

_____________________ CLERK

Page 15: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice,Peter TomAngela M. MazzarelliRichard T. AndriasDavid Friedman, Justices.

------------------------------------XMandel Mendoza,

Plaintiff-Respondent,

-against- M-5609XIndex No. 309641/09

S.L. Benfica Transportation Inc.,et al.,

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

An appeal having been taken from an order of theSupreme Court, Bronx County, entered on or about March 18, 2013,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"October 24, 2013, and due deliberation having been had thereon,

It is ordered that the appeal is withdrawn inaccordance with the aforesaid stipulation.

ENTER:

_____________________ CLERK

Page 16: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom

Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

------------------------------------XAirvana Network Solutions, Inc.,

Plaintiff-Respondent M-5645X

-against- Index No. 650360/12

Ericsson Inc. and Ericsson AB,

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

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about March 19, 2013 (mot.seq. no. 002),

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"October 28, 2013, and due deliberation having been had thereon,

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

ENTER:

_____________________ CLERK

Page 17: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom

Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

------------------------------------XMaxilla and Mandibe, LLC,

Plaintiff-Appellant, M-5647X

-against- Index No. 159329/12

ECDO Citywide Preservation Housing Development Fund Company, Inc.,

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

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about April 29, 2013,

Now, after pre-argument conference and upon reading and filing the stipulation of the parties hereto, "so ordered"October 28, 2013, and due deliberation having been had thereon,

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

ENTER:

_____________________ CLERK

Page 18: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,

-against- M-5669 Ind. No. 1883/12Samara L. Garner, Defendant-Appellant.---------------------------------------X

An appeal having been taken from the judgment of theSupreme Court, New York County, rendered on or about November 7,2012,

Now, upon reading and filing the stipulation of theparties hereto, dated October 20, 2013, and due deliberationhaving been had thereon,

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

ENTER:

_____________________ CLERK

Page 19: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom

Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

------------------------------------XRoger Spann, etc.,

Plaintiff-Appellant, M-5680X

-against- Index No. 651910/11

Bishop, Rosen & Co., Inc., et al.,

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

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about January 17, 2013,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"October 29, 2013, and due deliberation having been had thereon,

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

ENTER:

_____________________ CLERK

Page 20: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom

Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

--------------------------------------XSuperior Transcribing Services, et al.,

Plaintiffs-Respondents,

-against- M-5681X Index No. 602955/07

Milton Smith, M.D.,Defendant-Appellant,

Cydco Medical Evaluations, P.C.,Defendants.

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

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about August 8, 2012,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"October 28, 2013, and due deliberation having been had thereon,

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

ENTER:

_____________________ CLERK

Page 21: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom

Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

------------------------------------XJosh Haron,

Plaintiff-Appellant, M-5682X

-against- Index No. 306866/12

Leah Azoulay,

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

An appeal having been taken from orders of the SupremeCourt, New York County, entered on or about February 5, 2013 and July 17, 2013 (mot. seq. no. 002), respectively,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered" July 17, 2013, and due deliberation having been had thereon,

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

ENTER:

_____________________ CLERK

Page 22: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom

Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

------------------------------------XBen Kilgore,

Plaintiff-Respondent,

-against- M-5703XIndex No. 652160/10

Vada Nobles, et al.,

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

Appeals having been taken from orders of the Supreme Court,New York County, entered on or about November 15, 2012, March 6,2013 and April 4, 2013,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"October 30, 2013, and due deliberation having been had thereon,

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

ENTER:

_____________________ CLERK

Page 23: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom

Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

----------------------------------------XEdward S. McSpadden and Nancy McSpadden,

Plaintiffs-Appellants, M-5731X

-against- Index No. 105357/07

Lexington Building Co., LLC, et al.,

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

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about April 10, 2012,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"October 31, 2013, and due deliberation having been had thereon,

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

ENTER:

_____________________ CLERK

Page 24: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias

David Friedman, Justices.

------------------------------------XMark Gorton and Judy Gorton,

Plaintiffs-Respondents, M-5165 -against- Index No. 108094/11

James L. Marmon, Esq.,

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

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about April 23, 2013,

Now, upon reading and filing the stipulation of the partieshereto, filed October 11, 2013, and due deliberation having beenhad thereon,

It is ordered that the appeal, previously perfected for theApril 2013 Term, is withdrawn in accordance with the aforesaidstipulation.

ENTER:

_____________________ CLERK

Page 25: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias

David Friedman, Justices.

------------------------------------XJoshua Garcia,

Plaintiff-Appellant, M-4282 -against- Index No. 116368/09

D. Camilleri, LLC,

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

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about March 27, 2012,

Now, upon reading and filing the stipulation of the partieshereto, filed August 12, 2013, and due deliberation having beenhad thereon,

It is ordered that the appeal, previously perfected for theApril 2013 Term, is withdrawn in accordance with the aforesaidstipulation.

ENTER:

_____________________ CLERK

Page 26: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias

David Friedman, Justices.

------------------------------------XAmsterdam 78, LLC,

Plaintiff-Respondent, M-5613

-against- Index No. 650029/12

Admore Air Conditioning Corp.,

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

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about April 26, 2013,

Now, upon reading and filing the stipulation of the partieshereto, filed October 24, 2013, and due deliberation having beenhad thereon,

It is ordered that the appeal, previously perfected for the September 2013 Term, is withdrawn in accordance with theaforesaid stipulation.

ENTER:

_____________________ CLERK

Page 27: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias

David Friedman, Justices.

------------------------------------XMarcel D. Snipes,

Plaintiff-Respondent,

-and-

Brian Davis,Plaintiff,

M-5337 -against- Index No. 306044/10

Francesco S. Colonna and Modern Automotive Inc.,

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

An appeal having been taken from an order of the SupremeCourt, Bronx County, entered on or about April 4, 2013,

Now, upon reading and filing the stipulation of the partieshereto, filed October 17, 2013, and due deliberation having beenhad thereon,

It is ordered that the appeal, previously perfected for theSeptember 2013 Term, is withdrawn in accordance with theaforesaid stipulation.

ENTER:

_____________________ CLERK

Page 28: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,M-5155

-against- Ind. No. 4859/11

Raja Alexa Ahluwalia, 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 August 27, 2013, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

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

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

ENTER:

_____________________ CLERK

Page 29: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,M-5156

-against- Ind. No. 2442/13

Darryl Brooks, 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 September 5, 2013, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

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

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, of the plea ortrial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, New York 10006, Telephone No.212-577-2523, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shall perfectthis appeal is hereby enlarged until 120 days from the date of filingof the record.

ENTER:

_____________________ CLERK

Page 30: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,M-5158

-against- Ind. No. 3338/13

Sean Brown, 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 September 16, 2013, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

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

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

ENTER:

_____________________ CLERK

Page 31: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,M-5159

-against- Ind. No. 2124/13

Daffton Bloomfield, 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 August 27, 2013, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

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

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

ENTER:

_____________________ CLERK

Page 32: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,M-5162

-against- Ind. No. 6431/07

Rafael Irizarry, 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 August 24, 2012, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

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

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

ENTER:

_____________________ CLERK

Page 33: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,M-5164

-against- Ind. No. 2164/11

Andrey Ignatyev, 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 September 4, 2013, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

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

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

ENTER:

_____________________ CLERK

Page 34: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,M-5166

-against- Ind. No. 309/13

Dashawn Jones, 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 August 20, 2013, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

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

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

ENTER:

_____________________ CLERK

Page 35: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,M-5167

-against- Ind. No. 5782/12

Freddie Keitt, 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 July 9, 2013, for leave to have the appeal heardupon the original record and a reproduced appellant's brief, 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 ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

ENTER:

_____________________ CLERK

Page 36: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,M-5168

-against- Ind. No. 4771/09 Case No. 72858C/09Johnny Lynch,

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

Defendant having moved for leave to prosecute, as a poor person,the appeal from a judgment of the Supreme Court, Bronx County,rendered on or about September 12, 2013, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

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

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Richard M. Greenberg, 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-appellant forpurposes of the appeal. The time within which appellant shall perfectthis appeal is hereby enlarged until 120 days from the date of filingof the record.

ENTER:

_____________________ CLERK

Page 37: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,M-5169

-against- Ind. No. 3130/12

Christopher McKinley, 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 September 11, 2013, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

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

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, of the plea ortrial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, New York 10006, Telephone No.212-577-2523, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shall perfectthis appeal is hereby enlarged until 120 days from the date of filingof the record.

ENTER:

_____________________ CLERK

Page 38: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,M-5171

-against- Ind. No. 1966/13

Ramel Pettiway, 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 August 27, 2013, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

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

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

ENTER:

_____________________ CLERK

Page 39: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,M-5172

-against- Ind. No. 1269/13

Alain Pryce, 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 August 27, 2013, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

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

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

ENTER:

_____________________ CLERK

Page 40: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,M-5173

-against- Ind. No. 4005/12

Juan C. Santana, 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 September 18, 2013, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

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

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, of the plea ortrial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, New York 10006, Telephone No.212-577-2523, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shall perfectthis appeal is hereby enlarged until 120 days from the date of filingof the record.

ENTER:

_____________________ CLERK

Page 41: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,M-5175

-against- Ind. No. 3242/12

David Santana, 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 25, 2013, for leave to have the appeal heardupon the original record and a reproduced appellant's brief, 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 ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

ENTER:

_____________________ CLERK

Page 42: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,M-5176

-against- Ind. No. 4171/10

Nakae Thompson, 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 September 4, 2013, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

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

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

ENTER:

_____________________ CLERK

Page 43: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,M-5177

-against- Ind. No. 1251/13

Charles M. Whitfield, 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 September 4, 2013, for leave to have the appealheard upon the original record and a reproduced appellant's brief, andfor related relief,

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

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) one transcript of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York, NewYork 10038, Telephone No. 212-577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

ENTER:

_____________________ CLERK

Page 44: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present - Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices. ---------------------------------------XIn the Matter of a Proceeding for Custody and/or Visitation Under Article 6 of the Family Court Act.

- - - - - - - - - - - -Jeremy A., M-5209 Petitioner-Appellant, Docket No. V-33163/11

-against-

Vianca G., Respondent-Respondent.---------------------------------------X

Petitioner-appellant having moved for leave toprosecute, as a poor person, the appeal from an order of theFamily Court, Bronx County, entered on or about September 25,2013, and for assignment of counsel, a free copy of thetranscript, and for related relief,

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

Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Geoffrey P. Berman, Esq., 2005Palmer Avenue, #176, Larchmont, NY 10538, Telephone No. 914-834-3053, 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 therefor within 30 days (FCA1

1121[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

Service of appellant’s brief upon respondent(s) shall include1

assigned counsel’s copy of the transcript.

Page 45: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

(M-5209) -2- November 26, 2013

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.

ENTER:

_____________________ CLERK

Page 46: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present - Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices. ---------------------------------------XIn the Matter of a Paternity ProceedingUnder Article 5 of the Family Court Act.

- - - - - - - - - - - - - -Jesus R. C., Petitioner-Appellant, M-5260

Docket No. P-3678/12 -against-

Karen J. O., Respondent-Respondent. ---------------------------------------X

Petitioner-appellant having moved for leave toprosecute, as a poor person, the appeal from an Order ofDismissal of the Family Court, Bronx County, entered on or aboutSeptember 19, 2013, and for assignment of counsel, a free copy ofthe transcript, and for related relief,

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

Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Geoffrey P. Berman, Esq., 2005Palmer Avenue, #176, Larchmont, NY 10538, Telephone No. 914-834-3053, 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 therefor within 30 days (FCA1

1121[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 this

Service of appellant’s brief upon respondent(s) shall include1

assigned counsel’s copy of the transcript.

Page 47: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

(M-5260) -2- November 26, 2013

order; 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.

ENTER:

_____________________ CLERK

Page 48: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present - Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices. ---------------------------------------XIn the Matter of a Paternity Proceeding Under Article 5 of the Family Court Act.

- - - - - - - - - - - - -Kerry Ann P., Petitioner-Respondent, M-4328

Docket No. P-11755/12 -against-

Dane S., Respondent-Appellant. ---------------------------------------X

Respondent-appellant having moved for leave toprosecute, as a poor person, the appeal from an order of theFamily Court, Bronx County, entered on or about July 16, 2013,and for assignment of counsel, a free copy of the transcript, andfor related relief,

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

Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Andrew Baer, Esq., 299 Broadway,Suite 1415, New York, NY 10007, Telephone No. 212-233-0318, ascounsel for purposes of prosecuting the appeal; (2) directing theClerk of said Family Court to have transcribed the minutes of theproceedings held therein, for inclusion in the record on appeal,the cost thereof to be charged against the City of New York fromfunds available therefor within 30 days (FCA 1121[7]) of service1

of 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) appellant

Service of appellant’s brief upon respondent(s) shall include1

assigned counsel’s copy of the transcript.

Page 49: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

(M-4328) -2- November 26, 2013

is 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.

ENTER:

_____________________ CLERK

Page 50: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present - Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,

-against- M-4310Ind. No. 720/02

Ming Jian Huang, also known as JianMing Huang, also known as ShaoMing Huang,

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

Defendant having moved for an enlargement of time in whichto file a notice of appeal from a judgment of resentence of theSupreme Court, New York County, rendered on or about August 21,2013, for leave to prosecute the appeal as a poor person upon theoriginal record and a reproduced appellant's brief, 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 ofdeeming the moving papers 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 filescopies 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 resentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, thetranscripts to be returned to this Court when appellant's briefis filed.

Page 51: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

(M-4310) -2- November 26, 2013

Richard M. Greenberg, Esq., Office of the AppellateDefender, 11 Park Place, Room 1601, New York, New York, 10007,Telephone No. 212-402-4100, is assigned as counsel for defendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120days from the date of filing of the record.

ENTER:

_____________________ CLERK

Page 52: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present - Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Davontay Peter H., also known as Davontay H.,

A Dependent Child Under 18 Years ofAge Pursuant to §384-b of the Social Services Law of the State of New York. - - - - - - - - - - - - - - - - M-5206St. Dominic’s Home, et al., Docket No. B-4371/10

Petitioners-Respondents,

Makeba H.,Respondent-Appellant.

- - - - - - - - - - - - - - - -Michael Moorman, Esq., Lawyers for Children, Inc.,

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

An order of this Court having been entered on July 16,2013 (M-2081), inter alia, granting respondent-appellant’smotion for leave to prosecute, as a poor person, the appealfrom the order of the Family Court, New York County, entered onor about May 28, 2013, and assigning counsel therefor,

And respondent-appellant having moved for leave toprosecute the appeal from the order of the Family Court, NewYork County, entered on or about September 23, 2013 as a poorperson, and for related relief,

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

It is ordered that said motion is granted to theextent of amending the order of this Court entered on July 16,2013 (M-2081) to include the appeal from the order of said

Page 53: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

(M-5206) -2- (November 26, 2013)

Court entered on or about September 23, 2013, and the poorperson relief and the previously granted is extended to coversame.

ENTER:

_____________________ CLERK

Page 54: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,

-against- M-4922 Ind. Nos. 9862/90David Kelly, 5564/91 Defendant-Appellant. ---------------------------------------X

Counsel for defendant-appellant having moved for leaveto appeal to this Court from an order and decision of the SupremeCourt, New York County, rendered on or about September 9, 2013,

Now, upon reading and filing the motion by counsel datedOctober 4, 2013, and the correspondence from defendant-appellantdated October 1, 2013, and due deliberation having been hadthereon,

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

ENTER:

_____________________ CLERK

Page 55: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

------------------------------------XCarlos Beltran, et al.,

Plaintiffs-Appellants,

-against- M-3290 Index No. 20235/07

Cristina Anne Opedal,Defendant-Respondent.

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

An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about March 29, 2013,

And defendant-respondent having moved for an orderdismissing the aforesaid appeal,

Now, upon reading and filing the papers with respect to the motion, and correspondence from counsel for plaintiffs-appellants dated June 19, 2013 and correspondence from counselfor defendant-respondent dated June 25, 2013, and duedeliberation having been had thereon, it is

Ordered that plaintiff’s appeal and defendant’s motion to dismiss said appeal are deemed withdrawn in accordance withthe aforesaid correspondence from the respective parties.

ENTER:

_____________________ CLERK

Page 56: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present - Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent, M-5016Ind. Nos. 2774/08

-against- 1381/10 3403/11

Jose Figueroa,Defendant-Appellant.

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

An order of this Court having been entered on April 12, 2012(M-572/M-912/M-913), granting defendant leave to prosecute, as apoor person, the appeals from judgments of the Supreme Court, NewYork County, rendered on or about January 10, 2012, and assigningcounsel therefor,

An order of this Court having been entered on July 23, 2013(M-2794), inter alia, substituting Steven Banks, Esq., as counselfor defendant on the appeal,

And defendant-appellant having moved, through retainedcounsel Danielle Neroni Reilly, Esq., for an order relievingSteven Banks, Esq. as assigned counsel and to substitute retainedcounsel for purposes of the appeal,

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

It is ordered that the motion is granted to the extent ofrelieving Steven Banks, Esq., as assigned counsel on the appeal. The motion, to the extent it seeks to substitute retained counselon appeal, is denied as unnecessary.

ENTER:

_____________________ CLERK

Page 57: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present - Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Respondent,

-against- M-4651 Ind. No. 5260/05

Eddy Espinal, Defendant-Appellant.

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

An appeal having been taken to this Court from thejudgment of the Supreme Court, New York County, rendered on orabout June 16, 2010, and said appeal having been perfected,

And defendant-appellant having moved for leave to file apro se supplemental brief, for a copy of the trial transcriptsand for an enlargement of time in which to file said pro sesupplemental brief,

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 his pro sesupplemental brief on or before January 27, 2014 for the April 2014 Term, to which Term the appeal is adjourned. The Clerk ofthe Court is directed to forward to the Warden at the Statecorrectional facility wherein defendant is incarcerated atranscript of the minutes relating to defendant's appeal, saidtranscript to be made available to appellant and returned byappellant to this Court when submitting the pro se supplementalbrief hereto. The appeal will not be heard unless and until allmaterial furnished to appellant has been returned.

ENTER:

_____________________ CLERK

Page 58: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli Richard T. Andrias David Friedman, Justices.

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

Ameeyah J., and Ni’Kia C.,

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

- - - - - - - - - - - New York City Administration for M-3554Children’s Services, Docket Nos. NA-6628-9/11

Petitioner-Respondent,

Dominique J., also known as DominiqueD. J.,

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

Randall Carmel, Esq., Law Guardian for the Children.---------------------------------------X

An appeal having been taken to this Court from the Orderof Fact-Finding and Order of Disposition of the Family Court,Bronx County, entered on or about October 17, 2012 and April 19,2013, respectively,

And court attorney for the children, Edward I. Arfe,Esq., having moved on the childrens’ behalf for leave to respond, to the appeal as a poor persons for assignment of counsel, a freecopy of the transcript, and for related relief,

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

It is ordered that the motion is granted to the extentof (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Randall Carmel, Esq., 53 JacksonAvenue, Syosset, NY 11791, Telephone No. 516-921-8800, as counselfor purposes of responding to the appeal; (2) permitting

Page 59: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

(M-3554) -2- November 26, 2013

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

ENTER:

_____________________ CLERK

Page 60: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Helen E. Freedman Darcel D. Clark, Justices.

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

Respondent,M-5505

-against- Ind. No. 1483/11 Case No. 5227C/11Lawrence G. Beatty,

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

An appeal having been taken from a judgment of the Supreme Court,Bronx County, rendered on or about June 14, 2013,

And an order by a Justice of this Court having been entered onJuly 11, 2013 (M-3621) staying execution of the sentence in theaforesaid appeal, pending hearing and determination of said appeal,

And defendant-appellant having moved to continue the staypreviously granted by the order of a Justice of this Court on July 11,2013 (M-3621),

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

It is ordered that the motion is granted and the stay ofexecution of sentence previously granted (M-3621 entered July 11,2013) is continued on the same terms and conditions and on furthercondition that the appeal be perfected on or before January 27, 2014for the April 2014 Term.

ENTER:

_____________________ CLERK

Page 61: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Dianne T. Renwick Helen E. Freedman Darcel D. Clark, Justices.

-------------------------------------XClara Milena Rivera, an Infant byher Mother and Natural Guardian,Soraya Gonzalez, and Soraya Gonzalez,Individually, Plaintiff-Respondent-Appellant,

-against- M-5560 Index No. 8176/06

Neighborhood Partnership HousingDevelopment Fund Company, Inc., et al., Defendants-Respondents,

Robert A. Dvorak, Defendant-Appellant-Respondent,

Diane L. Dvorak, Defendant-Respondent.-------------------------------------X

An appeal and cross apppeal having been taken from orders ofthe Supreme Court, Bronx County, entered on or about June 28,2013, and said appeals having been perfected,

And defendant-appellant-respondent Robert A. Dvorak havingmoved for a stay of trial pending hearing and determination ofthe aforesaid appeals,

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

It is ordered that the motion is granted.

ENTER:

_____________________ CLERK

Page 62: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli Richard T. Andrias Darcel D. Clark, Justices.

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

Respondent,

-against- M-5396Ind. No. 90098/05

Rohan Campbell, Defendant-Appellant.

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

A decision and order of this Court having been enteredon May 19, 2009 (Appeal No. 593), unanimously affirming ajudgment of the Supreme Court, Bronx County (David Stadtmauer,J.), rendered on March 14, 2007,

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

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

It is ordered that said application is denied.

ENTER:

_____________________ CLERK

Page 63: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Peter Tom, Justice Presiding, Richard T. Andrias Karla Moskowitz Sallie Manzanet-Daniels, Justices. ---------------------------------------XThe People of the State of New York,

Respondent,

-against- M-514Ind. No. 3524/05

Reginald Swinton, Defendant-Appellant.

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

A decision and order of this Court having been enteredon August 25, 2011 (Appeal No. 4473), unanimously affirming ajudgment of the Supreme Court, New York County (Daniel P.Fitzgerald, J.), rendered on May 24, 2007,

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

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

It is ordered that said application is denied.

ENTER:

_____________________ CLERK

Page 64: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli Helen E. Freedman Rosalyn H. Richter Paul G. Feinman, Justices.

---------------------------------------XColleen Elliot an Infant by her Motherand Natural Guardian, Sharon Jacksonand Sharon Jackson, Individually,

Plaintiff-Appellant, M-4207

-against- Index No. 6783/07 1290 Ocean Avenue Realty Corp. andSebastian Bongiovanni,

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

Defendant-respondent 1290 Ocean Avenue Realty Corp.having moved for dismissal of the appeal taken from the order ofthe Supreme Court, Bronx County, entered on or about December 26,2012, as untimely taken (CLPR 5513[a]),

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 and the appealis dismissed.

ENTER:

_____________________ CLERK

Page 65: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the Supreme Court held in and for the First Judicial Departmentin the County of New York on November 26, 2013.

PRESENT: Hon. Peter Tom, Justice Presiding, David B. Saxe Leland G. DeGrasse Rosalyn H. Richter Darcel D. Clark, Justices.

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

50 West Realty Company, L.P.,Petitioner,

For a Judgment Pursuant to Article 78of the Civil Practice Law and Rules, M-5114

Index No. 102430/12 -against-

Environmental Control Board of theCity of New York and Department ofBuildings of The City of New York,

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

An Article 78 proceeding having been transferred to thisCourt, pursuant to CPLR 7804(g), by order of the Supreme Court,New York County, entered on or about January 18, 2013, to reviewa determination of respondents,

And petitioner having moved for an enlargement to timeto perfect the aforesaid proceeding,

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

It is ordered that the motion is granted to the extentof enlarging the time to perfect the proceeding to on or beforeDecember 30, 2013 the March 2014 Term.

ENTER:

_____________________ CLERK

Page 66: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present - Hon. Peter Tom, Justice Presiding, David Friedman Dianne T. Renwick Paul G. Feinman Darcel D. Clark, Justices.

---------------------------------------xIn the Matter of the Application ofGail Cauwels,

Petitioner-Appellant,

For a Judgment Pursuant to Article 78 M-5694of the CPLR, Index No. 400356/13

-against-

New York City Transit Authority, etc.,Respondent-Respondent.

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

An appeal having been taken to this Court from the judgmentof the Supreme Court, New York County, entered on or about July 27, 2013,

And petitioner-appellant having moved for a preference inhearing of the aforesaid appeal,

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

It is ordered that the motion is granted on condition theappeal is perfected on or before December 30, 2013 for the March 2014 Term. The Clerk is directed to calendar the appealfor the first week of said March 2014 Term, if so perfected.

ENTER:

_____________________ CLERK

Page 67: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Angela M. Mazzarelli, Justice Presiding, Dianne T. Renwick Leland G. DeGrasse Paul G. Feinman Judith J. Gische, Justices.

-------------------------------------XErica Francine Gottlieb,

Plaintiff-Respondent, M-5576

-against- Index No. 312670/11

Ian Samuel Gottlieb,

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

Appeals having been taken from orders of the SupremeCourt, New York County, entered on or about August 14, 2013 andJuly 18, 2013, respectively,

And defendant having filed a motion denominated asseeking “renewal” of certain prior motions to vacate theaforesaid orders of the Supreme Court,

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 denied.

ENTER:

_____________________ CLERK

Page 68: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present : Hon. Angela M. Mazzarelli, Justice Presiding, Rolando T. Acosta Karla Moskowitz Sallie Manzanet-Daniels Judith J. Gische, Justices.

---------------------------------------XIn the Matter of the Application ofTeflon Archer,

Petitioner, M-5654For a Judgment Pursuant to Article 78 Index No. 402260/12of the Civil Practice Law and Rules,

-against-

New York City Housing Authority, Respondent.

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

An Article 78 proceeding to review a determination ofrespondent, having been transferred to this Court, pursuant toCPLR 7804(g), by order of the Supreme Court, New York County,entered on or about May 8, 2013,

And petitioner having moved for leave to prosecute theproceeding as a poor person, upon the original record andreproduced petitioner's brief, and for an enlargement of time toperfect the proceeding,

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

It is ordered that the motion is granted to the extent ofpermitting the proceeding to be heard on the original record and upon a reproduced petitioner's brief, on condition thatpetitioner serve one copy of such brief upon the attorney for the respondent and file copies of such brief, together with theoriginal record, with this Court. Petitioner is permitted todispense with payment of the required fee for the subpoena andfiling of the record. The time to perfect the proceeding isenlarged to the May 2014 Term.

ENTER:

_____________________ CLERK

Page 69: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Angela M. Mazzarelli, Justice Presiding, Richard T. Andrias John W. Sweeny, Jr. David B. Saxe Karla Moskowitz, Justices.

-------------------------------------XIn the Matter of an Application of Rita Morgan, as Administrator of Jewish Home Lifecare - BronxDivision, Petitioner-Respondent, M-4413 Index No. 91832/12For an Appointment of a Guardian for Anna Pacheco,

An Incapacitated Person,

Charles Rochester, Respondent-Appellant,

Veronica Pacheco and FrederickPacheco, Respondents-Appellants. -------------------------------------X

Respondent-appellant Veronica Pacheco, pro se, havingmoved for, inter alia, leave to prosecute, as a poor person, theappeal from an order and judgment (one paper) of the SupremeCourt, Bronx County, entered on or about March 28, 2013, forleave to have the appeal heard on the original record and upon areproduced appellant's brief, for the removal of the currentguardian(s), and for other and related relief,

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

It is ordered that the motion is denied in its entirety.

ENTER:

_____________________ CLERK

Page 70: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, Rolando T. Acosta Karla Moskowitz Sallie Manzanet-Daniels Judith J. Gische, Justices.

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

Respondent, SEALED

-against- M-5533 Ind. No. 1850/09

Brian Franqui, Defendant-Appellant.

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

An appeal having been taken from a judgment of theSupreme Court, New York County, rendered on or about April 8,2011, and said appeal having been perfected,

And defendant-appellant, by assigned counsel, havingmoved for leave to file a supplemental brief,

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 the brief,in the form of the proposed brief at Exhibit A of the motionpapers, forthwith.

ENTER:

_____________________ CLERK

Page 71: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, Rolando T. Acosta Karla Moskowitz Sallie Manzanet-Daniels Judith J. Gische, Justices.

--------------------------------------XRichard Gordon,

Plaintiff, M-5408

-against- Index No. 250905/13

Wells Fargo Bank, Minnesota, N.A., asTrustee in Trust for Registered Holders of Franklin Mortgage LoanTrust 2003, etc.,

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

Plaintiff, pro se, having moved, pursuant to CPLR5704(a), for an order of this Court granting certain reliefdenied by a Justice of the Supreme Court, Bronx County, on orabout March 27, 2013, and for other relief,

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

Ordered that the motion is denied.

ENTER:

_____________________ CLERK

Page 72: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, David B. Saxe Karla Moskowitz Leland G. DeGrasse Judith J. Gische, Justices.

-----------------------------------XEmmanuel Burgess, an Infant by hisMother and Natural Guardian,Chininqua White,

Plaintiff-Appellant,

-against- M-5144Index No. 102967/10

The City of New York (The New YorkCity Department of Education),

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

Plaintiff-appellant having moved for an enlargement oftime to perfect the appeal from an order of the Supreme Court,New York County, entered on or about December 21, 2012,

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 enlarging the time to perfect the appeal to the April 2014Term.

ENTER:

_____________________ CLERK

Page 73: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, David B. Saxe Karla Moskowitz Leland G. DeGrasse Judith J. Gische, Justices.

--------------------------------------XHenrietta Cooper,

Plaintiff, M-5646

-against- Index No. 251107/13

Maria E. Blaser, LLC, Concourse & 181 Street LLC,st

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

Plaintiff, pro se, having moved, pursuant to CPLR5704(a), for an order of this Court granting certain reliefdenied by a Justice of the Supreme Court, Bronx County, on orabout October 3, 2013,

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 denied.

ENTER:

_____________________ CLERK

Page 74: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present: Hon. Angela M. Mazzarelli, Justice Presiding, David B. Saxe Karla Moskowitz Leland G. DeGrasse Judith J. Gische, Justices.

---------------------------------------XIn re: East 51 Street Crane Collapsest

Litigation: Index No. 769000/08 - - - - - - - - - - - - - - - - -East 51 Street Development Company,st

LLC, et al., M-5541Plaintiffs-Respondents, Index No. 150063/10

-against-

Lincoln General Insurance Company,Defendant,

Axis Surplus Insurance Company,Defendant-Appellant,

Interstate Fire and Casualty Company,et al.,

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

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about June 5, 2013,

And plaintiffs having moved for the dismissal of theaforesaid appeal or for alternative relief,

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

Ordered that the motion is denied without prejudice toadvancing arguments directly on appeal. The Clerk is directed tomaintain this appeal on this Court’s calendar for the February2014 Term.

ENTER:

_____________________ CLERK

Page 75: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, Dianne T. Renwick Leland G. DeGrasse Paul G. Feinman Judith J. Gische, Justices.

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

Respondent,

-against- M-4959Ind. Nos. 5208/10

Patrick Alcindor, 2981/11 Defendant-Appellant.

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

Defendant-appellant having moved for leave to file a prose supplemental brief in connection with the appeal taken fromthe judgment of the Supreme Court, New York County, rendered onor about March 6, 2012 and from the judgment of resentencerendered on or about March 15, 2012, and for related relief, andsaid appeal having been perfected,

Now, upon reading and filing the papers with respect tothe motion, including the correspondence from defendant-appellantdated October 7, 2013, and due deliberation having been hadthereon,

It is ordered that the motion is deemed withdrawn.

ENTER:

_____________________ CLERK

Page 76: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Richard T. Andrias Justice Presiding, Rolando T. Acosta David B. Saxe Dianne T. Renwick Sallie Manzanet-Daniels, Justices.

------------------------------------------XRobert Romanoff, Individually and as co-trustee and sole beneficiary of The Sheryl Romanoff Irrevocable Grantor Trust,Nicholas Romanoff (minor) by his parent andlegal guardian Robert Romanoff, individuallyand as shareholder of New Road Realty M-5190 Corp., New Roads Realty Corp. and as Index No. 652705/12 shareholder of GHC NY Corp. And New Roads Realty Corp., Plaintiffs-Appellants,

-against-

Griffon Gansevoort Holdings, LLC, etc., et al.,

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

An appeal having been taken from an order of the Supreme Court,New York County, entered on or about April 15, 2013,

And counsel for plaintiffs-appellants having moved for leave tobe discharged as appellate counsel, for an enlargement of time toperfect the appeal during which time appellants can retain newcounsel, and for other relief,

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

It is ordered that the motion is denied.

ENTER:

_____________________ CLERK

Page 77: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Richard T. Andrias Justice Presiding, Rolando T. Acosta David B. Saxe Dianne T. Renwick Sallie Manzanet-Daniels, Justices.

----------------------------------------X55 Gans Judgment LLC, as successor ininterest to Capital One, National Association (as successor by mergerto North Fork Bank), Plaintiff-Respondent, -against- M-5191

Index No. 850024/11 GHC NY Corp., etc., et al.,

Defendants,

Robert Romanoff, Defendant-Appellant.

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

An appeal having been taken from judgments of the SupremeCourt, New York County, entered on or about March 31, 2013 andApril 4, 2013, and from an order of the Supreme Court, New YorkCounty, entered on or about January 28, 2013,

And counsel for defendant-appellant Robert Romanoff havingmoved for leave to be discharged as appellate counsel, for anenlargement of time to perfect the appeal during which timeappellant can retain new counsel, and for other relief,

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

It is ordered that the motion is denied.

ENTER:

_____________________ CLERK

Page 78: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. Richard T. Andrias Justice Presiding, Rolando T. Acosta David B. Saxe Dianne T. Renwick Sallie Manzanet-Daniels, Justices.

----------------------------------------X55 Gans Judgment LLC, as successor ininterest to Union Center National Bank, Plaintiff-Respondent, -against- M-5189

Index No. 106008/11The Sheryl Romanoff Irrevocable GrantorTrust and The Sheryl Romanoff GrantorRetained Annuity Trust,

Defendants-Appellants,

Gerald Romanoff, Sheryl Romanoff, and John Does Nos. 1 through 10 (“John Does”),

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

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about February 6, 2013(mot. seq. no. 003),

And counsel for defendants-appellants having moved for leaveto be discharged as appellate counsel, for an enlargement of timeto perfect the appeal during which time appellants can retain newcounsel, and for other relief,

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

It is ordered that the motion is denied.

ENTER:

_____________________ CLERK

Page 79: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present - Hon. Richard T. Andrias, Justice Presiding, Rolando T. Acosta Karla Moskowitz Rosalyn H. Richter Sallie Manzanet-Daniels, Justices.

---------------------------------------xLilith Dove,

Plaintiff-Respondent,

-against- M-5662Index No. 107932/11

Manhattan Plaza Health Club, etc., et al.,

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

An appeal having been taken to this Court from the order ofthe Supreme Court, New York County, entered on or about April 17,2013, and said appeal having been perfected,

And defendants-appellants having moved for a stay of trialpending hearing and determination of the aforesaid appeal,

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

It is ordered that the motion is denied.

ENTER:

_____________________ CLERK

Page 80: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the Supreme

Court held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present - Hon. Richard T. Andrias, Justice Presiding, Rolando T. Acosta Karla Moskowitz Rosalyn H. Richter Sallie Manzanet-Daniels, Justices.

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

Respondent,

-against- M-5683Ind. No. 2592/98

Tyrone Hicks,Defendant-Appellant.

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

An appeal having been taken to this Court by the above-nameddefendant-appellant from the order of the Supreme Court, BronxCounty, entered on or about October 26, 2012, and said appealhaving been perfected,

And The Innocence Network having moved for leave to file abrief amicus curiae in connection with the aforesaid appeal,

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

It is ordered that the motion is granted, and the 9 copiesof the briefs amicus curiae submitted with the moving papers aredeemed filed.

ENTER:

_____________________ CLERK

Page 81: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Karla Moskowitz Dianne T. Renwick Leland G. DeGrasse Judith J. Gische, Justices.

---------------------------------------X158 St. & Riverside Drive HousingCo., Inc.,

Petitioner-Landlord-Appellant,

-against- M-5138Index No. 570897/12

Courtenay Eccleston, Respondent-Tenant-Respondent,

-and-

"John Doe" and "Jane Doe,"Respondents-Undertenants.

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

Respondent having moved for leave to appeal to this Courtfrom the decision and order of the Appellate Term entered in theoffice of the Clerk of the Supreme Court, New York County, on orabout January 4, 2013,

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

It is ordered that the motion is denied.

ENTER:

_____________________ CLERK

Page 82: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

P.M ORDERSFORNOVEMBER26, 2013

Page 83: At a Term of the Appellate Division of the Supreme Court ...€¦ · Dennis Barr, Defendant-Appellant.-----X An appeal having been taken from the judgment of the Supreme Court, Bronx

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on November 26, 2013.

Present - Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Rolando T. Acosta Sallie Manzanet-Daniels, Justices. ---------------------------------------XStanley Cohen, Plaintiff-Appellant-Respondent,

-against- M-4731A Index No. 306952/09

Pauline Cohen, Defendant-Respondent-Appellant.---------------------------------------X

Consolidated appeals and cross appeal having been taken fromorders of the Supreme Court, New York County, entered on or aboutApril 16, 2012, April 30, 2012, May 9, 2012, June 14, 2012,August 14, 2012, respectively, and from the Judgment of Divorceof said Court entered on or about May 9, 2013; and an appealhaving been taken by defendant from the Post Divorce Judgement ofsaid Court, entered on or about May 30, 2013, and plaintiffhaving taken a cross appeal from said Post Divorce Judgment,

And plaintiff-appellant-respondent having moved to stayenforcement of the aforesaid judgment entered May 9, 2013 withrespect to the maintenance provision on condition plaintiff paydefendant taxable maintenance of $10,000 per month and maintainthe life insurance provision benefitting defendant, said coverageto be maintained in the amount of $600,000,

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 on the aforesaidspecified conditions, and on further condition that theconsolidated appeals be perfected on or before February 18, 2014for the May 2014 Term in accordance with the prior order of thisCourt (M-4405/M-4443) entered October 10, 2013. The order ofthis Court entered on October 31, 2013 (M-4731) is herebyrecalled and vacated.

ENTER:

_____________________ CLERK