at a term of the appellate division of the supreme court held …happy walters, et al.,...

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on April 2, 2015.

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-458 Ind. No. 3322/12Dominick Dinapoli, Defendant-Respondent. ---------------------------------------X

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about March 26, 2014

Now, upon reading and filing the stipulation of theparties hereto, dated January 30, 2015, and due deliberationhaving been had thereon,

It is ordered that the appeal is withdrawn in accordancewith the aforesaid stipulation.

ENTER:

_____________________ CLERK


PRESENT: Hon. Luis A. Gonzalez, Presiding Justice,Peter TomAngela M. MazzarelliDavid Friedman John W. Sweeny, Jr., Justices.

------------------------------------XMana Vasquez,

Plaintiff-Respondent,

-against- M-473XIndex No. 310585/10

AE 25-29 LLC and Park Avenue SouthManagement LLC,

Defendants-Appellants,

-and-

Abdo Alhaddis, et al.,Defendants.– - - - - - - - - - - - -

[And a third-party action.]------------------------------------X

An appeal having been taken from an order of theSupreme Court, Bronx County, entered on or about September 7,2014,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered" January 29, 2015, and due deliberation having been had thereon,

It is ordered that the appeal is withdrawn inaccordance with the aforesaid stipulation.

ENTER:

_____________________ CLERK



------------------------------------XJoseph Gelsi and Jane Gelsi,

Plaintiffs-Respondents,


RCA Asphalt, LLC,Defendant-Appellant.

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

An appeal having been taken from an order of theSupreme Court, Bronx County, entered on or about July 9, 2013,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered" February 19, 2015, and due deliberation having been had thereon,


ENTER:

_____________________ CLERK



------------------------------------XBenita McGovern,



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

Dionicio R. Moran,Defendant-Appellant.

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

An appeal having been taken from an order of theSupreme Court, Bronx County, entered on or about April 8, 2014,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered" February 19, 2015, and due deliberation having been had thereon,


ENTER:

_____________________ CLERK



------------------------------------XAndy Miller and ASM Sports,

Plaintiffs-Appellants,


Happy Walters, et al.,Defendants-Respondents.

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

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about October 20,2014,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"February 25, 2015, and due deliberation having been had thereon,


ENTER:

_____________________ CLERK



------------------------------------XSteven Sarao and Michelle Sarao,



Jeffrey S. Aronoff, M.D.,Defendant-Appellant.

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

An appeal having been taken from an order of theSupreme Court, Bronx County, entered on or about August 1, 2014,



ENTER:

_____________________ CLERK



------------------------------------XChristine Busini,

Plaintiff-Appellant,


Center Continental Properties LLC,et al.,

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

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about September 25,2014 (mot. seq. nos. 002, 003 and 004,



ENTER:

_____________________ CLERK



------------------------------------XJose Ricardo Leon Menjivar,



Katzav Realty LLC, et al.,Defendants-Appellants.

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

An appeal having been taken from an order of theSupreme Court, Bronx County, entered on or about May 6, 2014,



ENTER:

_____________________ CLERK



------------------------------------XPangea Capital Management, LLC, et al.,



Cohen & Gresser LLP,Defendant-Respondent.

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

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about October 8,2014 (mot, seq. no. 003),

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered" March 4, 2015, and due deliberation having been had thereon,


ENTER:

_____________________ CLERK



------------------------------------XThomas Jirgal and Jesse Barr,



Metropolitan Transit Authority,Defendants-Appellants.

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

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about October 6,2014 (mot, seq. no. 002),



ENTER:

_____________________ CLERK



------------------------------------XLiam Stapleton,



493 Rest Inc., doing business asMercury Bar East,

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

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about October 10,2014 (mot. seq. nos. 003 and 004),



ENTER:

_____________________ CLERK



------------------------------------XAaron Frederick,



Riverbay Corporation,Defendant-Appellant.

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

An appeal having been taken from an order of theSupreme Court, Bronx County, entered on or about November 17,2014,



ENTER:

_____________________ CLERK



------------------------------------XEve Cuyan Butterworth and ChrintineAscensio,



281 St. Nicholas Partners, LLC, et al.,Defendants-Respondents.

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

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about July 29, 2014(mot, seq. no. 002),



ENTER:

_____________________ CLERK



------------------------------------XJohn S. Wender,



Louise Silberling,Defendant-Respondent.

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

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about July 9, 2014,



ENTER:

_____________________ CLERK


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

------------------------------------XMiguel Cora,


-against- M-168 Index No. 20092/12Western Heritage Insurance Company,

Defendant-Appellant,

Andrea Russo,Defendant-Respondent.

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

An appeal having been taken from an order of theSupreme Court, Bronx County, entered on or about May 9, 2014,

Now, upon reading and filing the stipulation of theparties hereto, dated November 14, 2014, and due deliberationhaving been had thereon,

It is ordered that the appeal, previously perfected forthe September 2014 Term, is withdrawn in accordance with theaforesaid stipulation.

ENTER:

_____________________ CLERK



------------------------------------XThe Board of Managers of BridgeTower Place Condominium,


-against- M-308 Index No. 600934/10

Starr Associates, LLP, et al.,Defendants-Appellants.

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

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about January 2,2014,

Now, upon reading and filing the stipulation of theparties hereto, dated January 2, 2015, and due deliberationhaving been had thereon,

It is ordered that the appeal, previously perfected forthe September 2014 Term, is withdrawn in accordance with theaforesaid stipulation.

ENTER:

_____________________ CLERK



------------------------------------XTown Residential, LLC et al.,



Nicole Oge and Douglas Elliman, LLC,Defendants-Appellants.

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

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about August 18,2014,

Now, upon reading and filing the stipulation of theparties hereto, dated February 26, 2015, and due deliberationhaving been had thereon,

It is ordered that the appeal, previously perfected forthe December 2014 Term, is withdrawn in accordance with theaforesaid stipulation.

ENTER:

_____________________ CLERK



------------------------------------XAmerican Federated Title Corporation,



GFI Acquisition, LLC, et al.,Defendants-Appellants.

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

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about on or aboutOctober 15, 2012,

Now, upon reading and filing the stipulation of theparties hereto, dated March 2, 2015, and due deliberation havingbeen had thereon,

It is ordered that the appeal, previously perfected forthe December 2014 Term, is withdrawn in accordance with theaforesaid stipulation.

ENTER:

_____________________ CLERK



------------------------------------XBenjamin Lauricella, Individuallyand as Administrator of the Estateof Kathleen Lauricella, Deceased,



New York Yankees Partnership and Yankee Stadium LLC,

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

An appeal having been taken from an order of theSupreme Court, Bronx County, entered on or about November 23,2012,

Now, upon reading and filing the stipulation of theparties hereto, dated February 5, 2015, and due deliberationhaving been had thereon,

It is ordered that the appeal, previously perfected forthe January 2015 Term, is withdrawn in accordance with theaforesaid stipulation.

ENTER:

_____________________ CLERK



------------------------------------XJPMCC 2000-CIBC13 Complex 2070, LLC,


-against- M-964 Index No. 35025/14E

KPP Arthur Avenue LLC.,Defendant-Appellant,

New York State Department of Taxationand Finance, et al.,

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

An appeal having been taken from orders of the SupremeCourt, Bronx County, entered on or about June 11, 2014,


It is ordered that the appeal, previously perfected forthe January 2015 Term, is deemed withdrawn in accordance with theaforesaid stipulation.

ENTER:

_____________________ CLERK



------------------------------------XTwin Securities, Inc., et al.,

Plaintiffs-Respondents, SEALED

-against- M-977 Index No. 652389/11Advocate & Lichtenstein, LLP., et al.,

Defendants-Appellants,

T&M Protection Resources, LLC,Defendant.

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

Consolidated appeals having been taken from orders ofthe Supreme Court, New York County, entered on or about October10, 2013 and January 9, 2014, respectively,


It is ordered that the appeals, previously perfectedfor the March 2015 Term, are withdrawn in accordance with theaforesaid stipulation.

ENTER:

_____________________ CLERK



------------------------------------XArleen Pettway,



Feldco Realty LLC, et al.,Defendants-Appellants.

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

An appeal having been taken from an order of theSupreme Court, Bronx County, entered on or about April 25, 2014,

Now, upon reading and filing the stipulation of theparties hereto, dated February 23, 2015 and due deliberationhaving been had thereon,

It is ordered that the appeal, previously perfected forthe May 2015 Term, is withdrawn in accordance with the aforesaidstipulation.

ENTER:

_____________________ CLERK


PRESENT: Hon. Lui s A . G o n z a l e z , Presiding Justice, Peter Tom Angela M. Mazzarelli David Friedman John W. Sweeny, Jr., Justices. --------------------------------------XThe People of the State of New York,

Respondent, M-6062 -against- Ind. No. 1357/13 Cornell Sims,

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

Defendant having moved for leave to prosecute, as a poor person,the appeal from the order of the Supreme Court, New York County (LauraWard, J.) entered on or about November 18, 2014, for leave to have theappeal heard upon the original record and upon a reproducedappellant's brief, for an enlargement of time in which to perfect theappeal, and for related relief,

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

Ordered that the motion is granted to the extent of permittingthe appeal to be heard on the original record and upon a reproducedappellant's brief, on condition that appellant serves one copy of such brief upon the District Attorney of said county and files copiesof such brief, together with the original record, pursuant to Rule600.11 of the Rules of this Court.

The Clerk of the Supreme Court shall expeditiously have made and file with the criminal court (CPL 460.70) one transcript of thestenographic minutes of the SORA hearing and any other proceedingsbefore Justice Ward as yet not transcribed. The Clerk shall furnish acopy of such transcripts to appellant’s counsel, Seymour W. James,Jr., Esq., without charge, the transcripts to be returned to thisCourt when appellant’s brief is filed. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record

ENTER:

_____________________ CLERK


Present - Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli David Friedman John W. Sweeny, Jr., Justices.

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

Respondent, M-6218 -against- Ind. No. 2226/07 Carlos Sorias,


Defendant having moved for leave to prosecute, as a poor person,the appeal from the order of the Supreme Court, New York County(Melissa Jackson, J.), entered on or about December 4, 2014, for leaveto have the appeal heard upon the original record and upon areproduced appellant's brief, for an enlargement of time in which toperfect the appeal, and for related relief,



The Clerk of the Supreme Court shall expeditiously have made and file with the criminal court (CPL 460.70) one transcript of thestenographic minutes of the SORA hearing and any other proceedingsbefore Justice Jackson as yet not transcribed. The Clerk shallfurnish a copy of such transcripts to appellant’s counsel, Seymour W.James, Jr., Esq., without charge, the transcripts to be returned tothis Court when appellant’s brief is filed.

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

ENTER:

_____________________ CLERK


Present - Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom Angela M. Mazzarelli David Friedman John W. Sweeny, Jr., Justices.


Respondent, M-6262 -against- Ind. No. 398/09 Isaac Middleton,


Defendant having moved for leave to prosecute, as a poor person,the appeal from the order of the Supreme Court, New York County(Bonnie K. Wittner, J.), entered on or about February 14, 2013, forleave to have the appeal heard upon the original record and upon areproduced appellant's brief, for an enlargement of time in which toperfect the appeal, and for related relief,



The Clerk of the Supreme Court shall expeditiously have made and file with the criminal court (CPL 460.70) one transcript of thestenographic minutes of the SORA hearing and any other proceedingsbefore Justice Wittner as yet not transcribed. The Clerk shallfurnish a copy of such transcripts to appellant’s counsel, Seymour W.James, Esq., without charge, the transcripts to be returned to thisCourt when appellant’s brief is filed.


ENTER:

_____________________ CLERK


Present - Hon. Luis A. Gonzalez, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr., Justices. ---------------------------------------xThe People of the State of New York,

Respondent,

-against- M-5148Ind. No. 2249/11

Eugene Kindell,

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

An appeal having been taken to this Court from the judgmentof the Supreme Court, New York County, rendered on or aboutDecember 19, 2011, and said appeal having been perfected,

And defendant-appellant pro se having moved to “settle therecord on appeal” to include addition minutes, set forth indetail in the moving papers,

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

At a Term of the Appellate Division of the SupremeCourt held in and for the first Judicial Department inthe County of New York on April 2, 2015.

PRESENT - Hon. Peter Tom, Justice Presiding, David Friedman Rolando T. Acosta David B. Saxe Barbara R. Kapnick, Justices.


Respondent, M-5596

-against- Ind. No. 6998/01

James Moore, Defendant-Appellant.

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

Defendant having moved for an enlargement of time in whichto file a notice of appeal from the order of the Supreme Court,New York County, entered on or about September 16, 2014, denyingresentence, for leave to have the appeal heard upon the originalrecord and upon a reproduced appellant's brief, and for relatedrelief,


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

It is further ordered that the motion seeking leaving toprosecute the appeal as a poor person is denied, with leave torenew upon defendant's submission of a detailed notarizedaffidavit, pursuant to CPLR 1101(a), setting forth factssufficient to establish that defendant has no funds or assetswith which to prosecute the appeal.

ENTER:

_____________________ CLERK


PRESENT - Hon. Peter Tom, Justice Presiding, David Friedman Rolando T. Acosta David B. Saxe Barbara R. Kapnick, Justices.


Respondent,

-against- M-5819 Ind. Nos. 4381/12

Kim Lewis, 4098/09 Defendant-Appellant.

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

Assigned counsel having moved for an order dismissingdefendant's appeal from the judgment of the Supreme Court, New York County, rendered on or about December 12, 2012 (Ind. No.4381/12) and from the judgment of the same Court also rendered onDecember 12, 2012 (Ind. No. 4098/09), without prejudice toreinstatement at such time appellant again becomes amenable tothe jurisdiction of this Court,


It is ordered that the motion is granted to the extent ofdeeming the appeal withdrawn.

ENTER:

_____________________ CLERK


Present: Hon. Peter Tom, Justice Presiding, Rolando T. Acosta Richard T. Andrias Karla Moskowitz Barbara R. Kapnick, Justices.

-----------------------------------XGregorio Brito,

Plaintiff-Appellant, M-561

-against- Index No. 309362/11

Allstate Insurance Company,Defendant-Respondent.

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

An appeal having been taken from an order of the SupremeCourt, Bronx County, entered on or about March 25, 2014, and saidappeal having been perfected,

And defendant-respondent having moved for dismissal ofthe aforesaid appeal or, in the alternative, for an enlargementof time to file a respondent’s 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 denied, with leave to renew,after a determination is made on the motion pending in SupremeCourt, Bronx County seeking, inter alia, to vacate a prior orderof said Court dismissing the complaint. The Clerk is directed tomaintain said appeal on this Court’s calendar for the September2015 Term.

ENTER:

_____________________ CLERK


Present: Hon. Peter Tom, Justice Presiding, John W. Sweeny, Jr. Diane T. Renwick Richard T. Andrias, Justices.

------------------------------------XWA Route 9, LLC, Plaintiff/Counterclaim Defendant,

SEALED -against-

M-919 PAF Capital LLC, M-1016 Defendant/Counterclaim Plaintiff. Index No. 651688/12------------------------------------XPAF Capital LLC, Third-Party Plaintiffs, Third-Party Index No. 590475/12 -against-

Jacob Frydman, et al., Third-Party Defendants.------------------------------------X Jacob Frydman, Fourth-Party Plaintiff-Respondent,

Fourth-Party -against- Index No. 590603/12

David Lichtenstein and PAF Capital,LLC, Fourth-Party Defendants-Appellants,

The Lighthouse Group, et al., Fourth-Party Defendants.------------------------------------X

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or aboutFebruary 5, 2015, and said appeal having been perfected,

And fourth-party defendants-appellants having moved for an order staying the aforesaid order of Supreme Court pendinghearing and determination of the aforesaid appeal (M-919),

(M-919/M-1016) -2- April 2, 2015

And fourth-party plaintiff-respondent having cross-movedfor an order compelling fourth-party defendants-appellants toperfect the aforesaid appeal (M-1016),

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

Ordered that the motion for a stay is granted (M-919). The cross motion is denied as moot, said appeal having beenperfected (M-1016).

ENTER:

_____________________ CLERK


Present - Hon. Peter Tom, Justice Presiding, Rolando T. Acosta David B. Saxe Karla Moskowitz Paul G. Feinman, Justices.

---------------------------------------xSteven Medwid,


-against- M-830Index No. 350424/06

Olga Medwid,Defendant-Appellant.

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

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about June 20,2014, and a purported appeal having been taken by the order of saidCourt entered on or about November 26, 2014 (mot. seq. no. 017),

And an order of this Court having been entered on January 29,2015, inter alia, granting waiver of the filing fee taken on appeal,and otherwise denying defendant-appellant’s motion for poor personrelief, with leave to renew upon filing of a notice of appeal (M-6146), and relieving assigned counsel and directing defendant-appellant to file a pro se supplemental brief, and otherwise denyingthe motion (M-6148),

And defendant-appellant having moved for an order “bringing herson to New York City for a medical and educational evaluation, tosubstitute attorney for the child to appoint her a lawyer to getadvice and to extend the appeal”, and for related relief,


It is ordered that the motion is deemed one seeking reargument ofthe order of this Court entered January 29, 2015 with respect tosubstitution of counsel for defendant-appellant and the subject child,and deeming the motion one for an enlargement of time to perfect theappeal from the order entered June 20, 2014, and granting the motionas such to the extent of enlarging the time to perfect the appeal fromthe order entered June 20, 2014 to the October 2015 Term. The motionis otherwise denied.

ENTER:

_____________________ CLERK


Present - Hon. Peter Tom, Justice Presiding, Richard T. Andrias David B. Saxe Sallie Manzanet-Daniels Barbara R. Kapnick, Justices.

-----------------------------------XIn the Matter of the Application for Ancillary Letters Testamentaryon the Last Will and Testament of

Paula X. Assimakopoulos,Deceased.

- - - - - - - - - - - - - - SURROGATE’S COURT Eva Lana, M-762

Petitioner-Appellant, Index No. 1154/12

-against-

Nicolle Assimakopoulos-Panuthos,Cross-Petitioner-Respondent.

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

Petitioner-appellant having moved for an enlargement oftime to perfect the appeal from a decree of the Surrogate’sCourt, New York County, entered on or about September 25, 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 granted to the extentof enlarging the time to perfect the appeal to the September 2015Term.

ENTER:

_____________________ CLERK


PRESENT: Hon. Peter Tom, Justice Presiding, Richard T. Andrias David B. Saxe Sallie Manzanet-Daniels Barbara R. Kapnick, Justices.

-------------------------------------XBurberry Limited and Burberry USA,



RTC Fashion, Inc., doing business asDesigner Imports t/a Fashions58.Comand Asher Horowitz,

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

Defendant-appellant Asher Horowitz having moved for anenlargement of time to perfect the appeal from an order of theSupreme Court, New York County, entered on or about May 13, 2014,


It is ordered that the motion is granted to the extentof enlarging the time to perfect the appeal to the October 2015Term.

ENTER:

_____________________ CLERK


PRESENT - Hon. Angela M. Mazzarelli, Justice Presiding, David Friedman John W. Sweeny, Jr. Judith J. Gische Barbara R. Kapnick, Justices.


Respondent,

-against- M-342 Ind. No. 3282/12

Eric Soto, Defendant-Appellant.

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal from the judgment of the Supreme Court, BronxCounty, rendered on or about November 14, 2014, for leave to havethe appeal heard on the original record and upon a reproducedappellant's brief, and for related relief,


It is ordered that the motion is denied, with leave to renewupon defendant's submission of a detailed notarized affidavit,pursuant to CPLR 1101(a), setting forth facts sufficient toestablish that defendant has no funds or assets with which toprosecute the appeal, including the amount and sources of hisincome and listing his property with its value, and the terms ofdefendant's retainer agreement with trial counsel, Jon M.Silveri, Esq., the amount and sources of funds for trialcounsel's fee and an explanation as to why similar funds are notavailable to prosecute this appeal. (The application shallinclude an affidavit of the source[s] of all funds utilized bydefendant.)

ENTER:

_____________________ CLERK

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Departmentin the County of New York on April 2, 2015.

PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding,David Friedman John W. Sweeny, Jr. Judith J. Gische Barbara R. Kapnick, Justices.

-----------------------------------XCooperatieve Centrale Raiffeisen-Boerenleenbank, B.A., et al.,



Francisco Javier Herrera Navarro,Defendant-Respondent.

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

Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal from the order of the Supreme Court,New York County, entered on or about December 11, 2013 (mot. seq.no. 005),


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the December 2015Term.

ENTER:

_____________________ CLERK


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

----------------------------------------XNayereh Afsari,

Plaintiff-Appellant, M-734


JP Morgan Chase Bank, N.A., successor bymerger to Chase Home Finance, LLC,

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

Plaintiff-appellant having moved for an enlargement oftime to perfect the appeal from the order of the Supreme Court,New York County, entered on or about March 24, 2014, and forleave to prosecute the appeal as a poor person, for leave to havethe appeal heard on the original record and upon a reproducedappellant's brief, and for other relief,

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

It is ordered that said motion is granted to the extentof permitting the appeal to be heard on the original record andupon a reproduced appellant's brief, on condition that appellantserves one copy of such brief upon the attorney for respondentand file 8 copies of such brief, together with the originalrecord, with this Court. Appellant is permitted to dispense withpayment of the required fee for the subpoena and filing of therecord. The time to perfect the appeal is enlarged to theOctober 2015 Term.

ENTER:

_____________________ CLERK


PRESENT - Hon. Angela M. Mazzarelli, Justice Presiding, John W. Sweeny, Jr. Richard T. Andrias Karla Moskowitz Rosalyn H. Richter, Justices.


Respondent,

-against- M-5887 Ind. No. 1879/10

Dwayne Taylor,Defendant-Appellant.

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

An order of this Court having been entered on November 13,2014 (M-4529) assigning Richard M. Greenberg, Esq., as counsel to prosecute defendant's appeal from the judgment of the SupremeCourt, Bronx County, rendered on or about September 11, 2013; and a motion having been made to relieve such counsel, and forother relief,


It is ordered that the motion is granted to the extent ofstriking the designation of assigned counsel Richard M.Greenberg, Esq., as counsel to prosecute defendant's appeal, andsubstituting, pursuant to Section 722 of the County Law, RobertS. Dean, Esq., Center for Appellate Litigation, 120 Wall Street,28th Floor, New York, New York 10005, Telephone No. 212-577-2523,as such counsel. The poor person relief previously granted iscontinued, and appellant's time in which to perfect the appeal isenlarged until 120 days from the date of this order or the filingof the record, whichever is later.

ENTER:

_____________________ CLERK



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

The People of the State of New York,

Respondent,

-against- M-5894 Ind. No. 3921/12

Garis Ortega,

Defendant-Appellant.

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

Defendant having moved for an enlargement of time to perfectthe appeal from the judgment of the Supreme Court, New YorkCounty, rendered on or about January 7, 2014,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the September 2015Term.

ENTER:

_____________________ CLERK

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department in the County of New York on April 2, 2015.


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

Respondent,

-against- M-5922Ind. Nos. 4314N/11

Epifanio Santiago, 4247N/11 Defendant-Appellant.--------------------------------------X

Defendant having moved for an enlargement of time to file anotice of appeal from the judgment of the Supreme Court, New YorkCounty, rendered on or about July 1, 2014, and the Judgment ofResentence of the same Court rendered July 29, 2014, for leave toprosecute the appeal as a poor person upon the original record andupon a reproduced appellant's brief, and for assignment of counsel,


It is ordered that the motion is granted to the extent of deemingthe notice of appeal timely filed, and permitting the appeal to beheard on the original record, except that a certified copy of theindictment(s) shall be substituted in place of the originalindictment(s), and upon a reproduced appellant's brief, on conditionthat appellant serves one copy of such brief upon the DistrictAttorney of said county and files copies of such brief, together withthe original record, pursuant to Rule 600.11 of the Rules of thisCourt.

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.

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 fordefendant-appellant for purposes of the appeal. The time within which appellant shall perfect this appeal is hereby enlarged until 120 days from the date of filing of the record.

ENTER:

_____________________ CLERK




Respondent,

-against- M-5923 Ind. No. 3707/11

Rohan Francis, Defendant-Appellant.

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

Defendant-appellant having moved for an enlargement of timeto file a notice of appeal from the judgment of the SupremeCourt, Bronx County, rendered on or about September 4, 2014,


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

ENTER:

_____________________ CLERK




Respondent,

-against- M-5932Ind. Nos. 1848/10

Kirk Laurencin, 3108/11Defendant-Appellant.

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

An order of this Court having been entered on July 16, 2013(M-2521) granting defendant leave to prosecute, as a poor person,the appeal from the judgment of the Supreme Court, Bronx County,rendered on or about June 26, 2012, and assigning Steven Banks,Esq., as counsel to prosecute the appeal; and a motion havingbeen made to relieve such counsel, and for related relief,


It is ordered that the motion is granted to the extent ofstriking the designation of successor assigned counsel Seymour W.James, Jr., Esq., as counsel to prosecute defendant's appeal, andsubstituting, pursuant to Section 722 of the County Law, RobertS. Dean, Esq., Center For Appellate Litigation, 120 Wall Street,28th Floor, New York, New York 10005, Telephone No. (212)577-2523, as such counsel. The poor person relief previously grantedis continued, and appellant's time in which to perfect the appealis enlarged until 120 days from the date of this order or thefiling of the record, whichever is later.

ENTER:

_____________________ CLERK


Present: Hon. Angela M. Mazzarelli, Justice Presiding, Richard T. Andrias Leland G. DeGrasse Judith J. Gische, Justices. -------------------------------------XIn re Amiyna Rock,

Petitioner, M-1494 -against- Index No. 401354/12

John B. Rhea, etc.,Respondent.

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

Respondent having moved for reargument of or, in thealternative, for leave to appeal to the Court of Appeals from the decision and order of this Court entered on February 25, 2014 (Appeal No. 11413),


It is ordered that the motion is denied.

ENTER:

_____________________ CLERK

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 April 2, 2015.

Present - Hon. Angela M. Mazzarelli, Justice Presiding, Leland G. DeGrasse Sallie Manzanet-Daniels Paul G. Feinman Judith J. Gische, Justices.

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

Respondent,

-against- M-5715Ind. No. 1687/11

Alvin Notice,

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

Assigned counsel for defendant-appellant having moved fordismissal of the appeal from the judgment of the Supreme Court,Bronx County, rendered on or about August 6, 2013 as abandoned,without prejudice to reinstatement at such time appellant becomesamenable to the jurisdiction of this Court,


It is ordered that the motion is granted to the extent ofdeeming the appeal withdrawn.

ENTER:

_____________________ CLERK


Present - Hon. John W. Sweeny, Jr., Justice Presiding, Karla Moskowitz Leland G. DeGrasse Sallie Manzanet-Daniels Darcel D. Clark, Justices.

---------------------------------------xCarlos J. Cuevas,

Plaintiff-Respondent, M-4191A M-4417A


Xin Chen,Defendant-Appellant.

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

Defendant-appellant-respondent having moved for an orderdismissing the cross appeal taken from an order of the SupremeCourt, Bronx County, entered on or about April 10, 2014, asuntimely (M-4191),

And plaintiff-respondent-appellant having cross moved todismiss the appeal taken from the same order (M-4417),

And an order of this Court having been entered on November 6, 2014 dismissing the aforesaid motion and cross motion(M-4191/M-4417),

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

It is ordered that the aforesaid motion and cross motion arereinstated and upon such reinstatement the motion to dismiss thecross appeal is denied (M-4191). The cross motion to dismiss theappeal is denied, and the direct appeal is deemed timely taken([CPLR §5520[a]) (M-4417). Sua sponte, the time to perfect theappeal and cross appeal is enlarged to the September 2015 Term. The order of this Court entered on November 6, 2014 (M-4191/M-4417), is hereby recalled and vacated.

ENTER:

_____________________ CLERK


Present - Hon. Rolando T. Acosta Justice Presiding, Dianne T. Renwick Paul G. Feinman Darcel D. Clark Barbara R. Kapnick, Justices.

---------------------------------------xMichael I. Knopf, et al.,



Michael Hayden Sanford, et al.,Defendants-Respondents.

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

An appeal having been taken to this Court from the order of theSupreme Court, New York County, entered on or about December 24, 2014,and said appeal having been perfected,

And an order of this Court having been entered on February 17,2015 [Corrected Order February 18, 2015](M-103), inter alia, grantingplaintiff-appellant’s motion for a stay and enjoining defendants-respondents from attempting to cancel and/or remove the subjectnotices of pendency on condition the appeal is perfected for the June2015 Term,

And defendant-respondent Pursuit Holdings, LLC having moved forreargument of the aforesaid order of this Court entered February 17,2015 (M-103),


It is ordered that reargument is granted and, on reargument themotion is granted to the extent of directing that defendants-respondents are enjoined from selling or otherwise conveying thesubject property, and from encumbering said subject property, pendinghearing and determination of the appeal.

ENTER:

_____________________ CLERK


Present - Hon. Leland G. DeGrasse, Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Paul G. Feinman Judith J. Gische, Justices.


Respondent, M-6269 -against- Ind. No. 6827/03 Richard Lebron,


Defendant having moved for leave to prosecute, as a poor person,the appeal from the order of the Supreme Court, New York County(Bonnie K. Wittner, J.), entered on or about April 9, 2013, for leaveto have the appeal heard upon the original record and upon areproduced appellant's brief, for an enlargement of time in which toperfect the appeal, and for related relief,



The Clerk of the Supreme Court shall expeditiously have made and file with the criminal court (CPL 460.70) one transcript of thestenographic minutes of the SORA hearing and any other proceedingsbefore Justice Wittner as yet not transcribed. The Clerk shallfurnish a copy of such transcripts to appellant’s counsel, Seymour W.James, Jr., Esq., without charge, the transcripts to be returned tothis Court when appellant’s brief is filed.


ENTER:

_____________________ CLERK


Present - Hon. Leland G. DeGrasse, Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Paul G. Feinman Judith J. Gische, Justices.

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

Respondent,

-against- M-6195 Ind. No. 1467/10

Lynette Acevedo, Defendant-Appellant.

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

An order of this Court having been entered on June 6, 2013(M-719), inter alia, granting defendant's motion for leave toprosecute, as a poor person, the appeal from a judgment of theSupreme Court, New York County, rendered on or about January 4,2013, under Indictment No. 1467/10, and assigning counseltherefor,

And defendant-appellant having moved for an order amendingthe aforementioned order to include the judgment of resentenceof said Court entered on or about December 15, 2014 under thesame Indictment No.,


It is ordered that said motion is granted to the extent ofamending defendant's notice of appeal and the aforementionedorder to include the judgment of resentence of said Courtentered on or about December 15, 2014, and extending the poorperson relief previously granted to cover same. Sua sponte,Time to perfect appeal enlarged until 120 days from the date offiling the record.

ENTER:

_____________________ CLERK

PM ORDERSFORAPRIL 2, 2015

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 April 2, 2015.

Present - Hon. Luis A. Gonzalez, Presiding Justice, Angela M. Mazzarelli David B. Saxe Sallie Manzanet-Daniels Darcel D. Clark, Justices.

---------------------------------------xIn Re: New York City Asbestos Litigation

- - - - - - - - - - - - - - Bryan W. Hockler,



The William Powell Company, et al.,Defendant-Appellant.

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

An appeal having been taken to this Court from the order ofthe Supreme Court, New York County, entered on or about October 20, 2014, and said appeal having been perfected,

And defendant-appellant The William Powell Company havingmoved for a stay of trial pending hearing and determination ofthe aforesaid appeal,


It is ordered that the motion is granted.

ENTER:

_____________________ CLERK

at a term of the appellate division of the supreme court held …happy walters, et al.,...

Documents