at a term of the appellate division of the supreme court ......(m-4271) -2- october 10, 2017 robert...

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on October 10, 2017.

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices. ------------------------------------XThe People of the State of New York,

Respondent,M-4271

-against- Ind. No. 2356/89

Elias Beltran, Defendant-Appellant.

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

An order by a Justice of this Court, entered on July 18, 2017 (M-2423), having granted defendant-appellant leaveto appeal from an order of the Supreme Court, Bronx County,entered on or about March 30, 2017,

And defendant-appellant, pro se, having moved for leave toprosecute, as a poor person, the aforesaid appeal, for leave tohave the appeal heard upon the original record and a reproducedappellant's brief, and for related relief,

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

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

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

(M-4271) -2- October 10, 2017

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

ENTERED:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices.

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

Respondent,CONFIDENTIAL

-against- M-4378Ind. No. 334/15

Elpidio Concevalerio, Defendant-Appellant.

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

Defendant having moved for an enlargement of time in whichto file a notice of appeal from a judgment of the Supreme Court,Bronx County, rendered on or about July 21, 2016, for leave toprosecute the appeal as a poor person upon the original recordand a reproduced appellant's brief, and for related relief,


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

The court reporter shall promptly make and file with thecriminal court (CPL §460.70) one transcript of the stenographicminutes of any proceedings pursuant to CPL §210.20, Arts. 710 and730, and of the plea or trial and sentence. The Clerk shallfurnish a copy of such transcripts to appellant's counsel,without charge, the transcripts to be returned to this Court whenappellant's brief is filed.

(M-4378) -2- October 10, 2017


ENTERED:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices. ------------------------------------XThe People of the State of New York,

Respondent,M-4494


Vladimir Krull, Defendant-Appellant.

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, BronxCounty, rendered on or about March 13, 2017, for leave to havethe appeal heard upon the original record and a reproducedappellant's brief, and for related relief,




(M-4494) -2- October 10, 017


ENTERED:

_____________________ CLERK


Present - Hon. Rosalyn H. Richter, Justice Presiding, Judith J. Gische Barbara R. Kapnick Marcy L. Kahn Cynthia S. Kern, Justices. --------------------------------------XThe People of the State of New York,

Respondent,

-against- M-4604 Ind. No. 1638/13

Santo Rosa, Defendant-Appellant.

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

An order of this Court having been entered on November 12,2015 (M-5056), inter alia, granting defendant's motion for leaveto prosecute, as a poor person, the appeal from a judgment of theSupreme Court, New York County, rendered on or about July 22,2015, under Indictment No. 1638/13, and assigning counseltherefor,

And defendant-appellant having moved for an order amendingthe notice of appeal and the aforementioned order to include the judgment of resentence of said Court rendered on or aboutAugust 4, 2017,


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 Courtrendered on or about August 4, 2017, and the poor person reliefpreviously granted is extended to cover same. The perfectedappeal is adjourned to the February 2018 Term, and counsel isdirected to file, if so advised, a supplemental brief addressingissues related to the resentencing.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices.

---------------------------------------XPeople of the State of New York,by Eric T. Schneiderman, AttorneyGeneral of the State of New York,

Petitioner-Respondent-Appellant,

-against-

Orbital Publishing Group, Inc.,Liberty Publishers Service, Inc.,Express Publishers Service, Inc., M-4211Associated Publishers Network, Inc., Index No. 451187/15 Adept Management, Inc., PublishersPayment Processing, Inc., CustomerAccess Services, Inc., ConsolidatedPublishers Exchange, Inc., MagazineClearing Exchange, Inc., Henry Cricket Group, LLC, Laura Lovrien,individually, and as principal ofLiberty Publishers Service Inc. andOrbital Publishing Group, Inc. andLydia Pugsley, individually, as asprincipal of Adept Management, Inc.,

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

An appeal and cross appeal having been taken from an orderof the Supreme Court, New York County, entered on or aboutDecember 1, 2015, and an appeal having been taken by petitioner-respondent-appellant from an order, same Court and Justice,entered on or about June 20, 2016,

And, petitioner-respondent-appellant having moved for anenlargement of time to perfect the appeals from the aforesaidorders,

(M-4211) -2- October 10, 2017


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeals and cross appeal to theFebruary 2018 Term.

ENTERED:

_____________________ CLERK



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

Plaintiff,

-against- M-4218Index No. 260376/16

Richard Diaz,Defendant-Respondent,

Seneca Insurance Company, Inc.,JCP Bail Bonds also doing business as AAA Bail Bonds, Inc., Surety,

Petitioner-Appellant.-----------------------------------X

Petitioner having moved for an enlargement of time toperfect the appeal taken from an order of the Supreme Court,Bronx County, entered on or about October 31, 2016,


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

ENTERED:

_____________________ CLERK



---------------------------------------XMarc A. Stephens, an individual, DorewayTransportation Services, LLC,

Plaintiffs-Appellants,

-against- M-4270Index. No. 303056/13

Evan Dore, etc., et al.,Defendants-Respondents.

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

Plaintiffs-appellants having moved for an enlargement oftime to perfect the appeal taken from an order of the SupremeCourt, Bronx County, entered on or about February 3, 2016,



ENTER:

_____________________ CLERK



-----------------------------------XSara R.B. Igtet

Plaintiff-Respondent,


Board of Managers of the TrumpInternational Hotel & TowerCondominium,

Defendant-Appellant,

-and-

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., asEscrow Agent,

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

Defendant-appellant having moved for an enlargement of timeto perfect the appeal taken from an order of the Supreme Court,New York County, entered on or about November 15, 2016,



ENTERED:

_____________________ CLERK


Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Angela M. Mazzarelli Troy K. Webber Jeffrey K. Oing, Justices. --------------------------------------XThe People of the State of New York,

Respondent,


Hasim Thioubo,

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

An appeal having been taken to this Court from the judgmentof the Supreme Court, New York County, rendered on or aboutNovember 15, 2013, and said appeal having been perfected,

And defendant-appellant having moved for leave to file a prose supplemental brief in connection with the aforesaid appeal,and for related relief,


It is ordered that the motion is denied.

ENTERED:

_____________________ CLERK


Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Angela M. Mazzarelli Troy K. Webber Jeffrey K. Oing, Justices. ---------------------------------------xIn the Matter of

Jayden S.,

A Child Under 18 Years of Age Alleged CONFIDENTIALto be Neglected Under Article 10 or M-4759the Family Court Act. Docket No. NN-44984/14 - - - - - - - - - - - - - - - -Administration For Children’s Services, Petitioner-Respondent,

Shalea S., Respondent-Appellant. - - - - - - - - - - - - - - - - Seymour W. James, Jr., Esq.,The Legal Aid Society,Juvenile Rights Division, Attorney for the Child.---------------------------------------x

An appeal having been taken from an Order of Fact-Finding ofthe Family Court, New York County, entered on or about November 17, 2015, and an Order of Disposition of said FamilyCourt, entered on or about September 20, 2016, and said appealhaving been perfected,

And counsel for the subject child having moved, on thechild’s behalf, for adjournment of the aforesaid appeal,


It is ordered that the motion is granted, and the appeal isadjourned to the February 2018 Term.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Angela M. Mazzarelli Troy K. Webber Jeffrey K. Oing, Justices. ---------------------------------------XThe People of the State of New York,

Respondent, CONFIDENTIAL

-against- M-4823SCID No. 30034/16

Jean Carlos Delacruz,Defendant-Appellant.

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

An appeal having been taken from an order of the SupremeCourt, New York County (Juan M. Merchan, J.), entered on or aboutApril 5, 2017, and said appeal having been perfected,

And proposed Amicus Curiae, Youth Represent, having movedfor leave to file a brief amicus curiae in connection with theaforesaid appeal,


It is ordered that the motion is granted to the extent ofpermitting Youth Represent to file 9 copies of the amicus curiaebrief within 7 days of this order.

ENTERED:

_____________________ CLERK


Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices.

----------------------------------------xPaul B. Gotbetter and Gottbetter &Partners, LLP,

Plaintiffs-Appellants-Respondents,


Crone Kline Rinde LLP and CKR Law LLP,Defendants-Respondents-Appellants.

- - - - - - - - - - - - - - - - - - - -CKR Law LLP, formerly known as Crone Kline Rinde, LLP,

Third-Party Plaintiff-Respondent-Appellant,

-agaist-

Adam Gottbetter, Venturini & Associatesand August Venturini,

Third-Party Defendants-Respondents.----------------------------------------x

Appeals and cross appeals having been taken to this Courtfrom the order of the Supreme Court, New York County, entered onor about September 28, 2016, and from the amended order of saidCourt, entered on or about September 30, 2016,

And plaintiffs having moved for consolidation of theaforesaid appeals and cross appeals, and for an enlargement oftime to perfect same,


It is ordered that the motion is granted to the extent ofpermitting appellant and cross appellant to prosecute theconsolidated appeals and cross appeals upon 9 copies of one

(M-3469) -2- October 10, 2017

record and one set of appellants’ covering the consolidatedappeals. The attention of the parties is directed to 22 NYCRR §600.11. The time to perfect the consolidated appeals is enlargedto the February 2018 Term.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr., Justices. ---------------------------------------XThe People of the State of New York,

Respondent,


Luis Natal, Defendant-Appellant.

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

A decision and order of this Court having been entered onNovember 15, 2012 (Appeal No. 8588), unanimously modifying ajudgment of the Supreme Court, New York County (Laura Ward, J.),rendered on January 21, 2011,

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,


It is ordered that said application is denied.

ENTERED:

_____________________ CLERK


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


Respondent, M-4587


Reynold Samuels,

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, BronxCounty, rendered on or about May 1, 2017, for leave to have theappeal heard upon the original record and a reproducedappellant's brief, and for related relief,




(M-4587) -2- October 10, 2017


ENTERED:

_____________________ CLERK


Present - Hon. Rolando Acosta, Presiding Justice,Peter Tom

David Friedman John W. Sweeny, Jr. Dianne T. Renwick, Justices.

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

Respondent,M-4261


Lucas Ordonez-Sanchez,Defendant-Appellant.

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

An appeal having been taken from a judgment of the SupremeCourt, New York County, rendered on or about September 19, 2016,

Now, upon reading and filing the stipulation of the partieshereto, dated July 28, 2017, and due deliberation having been hadthereon,

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

ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr. Dianne T. Renwick, Justices.

-------------------------------------------XJorge D. Santos, Jr.,



Shona Traylor-Pagan,Defendant-Appellant.

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

Defendant-appellant having moved for reargument of thedecision and order of this Court, entered on July 6, 2017 (AppealNo. 3563),

Now, upon reading and filing the papers with respect to themotion, including the stipulation of the parties dated August 28,2017, and due deliberation having been had thereon,

It is ordered that the motion is deemed withdrawn.

ENTERED:

_____________________ CLERK


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


Respondent, M-4455


Kiheam Johnson,


Defendant having moved for leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, New YorkCounty, rendered on or about April 6, 2017, for leave to have theappeal heard upon the original record and a reproducedappellant's brief, and for related relief,




(M-4455) -2- October 10, 2017


ENTERED:

_____________________ CLERK




Respondent,M-4464


James Gibson,


Defendant having moved for leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, New YorkCounty, rendered on or about January 28, 2017, for leave to havethe appeal heard upon the original record and a reproducedappellant's brief, and for related relief,




(M-4464) -2- October 10, 2017

Christina Swarns, Esq., Office of the Appellate Defender, 11Park Place, Room 1601, New York, New York 10007, Telephone No.212-402-4112, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shallperfect this appeal is hereby enlarged until 120 days from thedate of filing of the record.

ENTERED:

_____________________ CLERK




Respondent, M-4539


Rashid Bilal,


Defendant having moved for leave to prosecute, as a poorperson, the appeal from an amended judgment of the Supreme Court,New York County, rendered on or about January 13, 2017, for leaveto have the appeal heard upon the original record and areproduced appellant's brief, and for related relief,




(M-4539) -2- October 10, 2017


ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice,Peter Tom


------------------------------------XIn the Matter of the Application ofAnna Kostantinov,

Petitioner-Respondent,

For a Judgment Pursuant to Article 78 M-4584of the Civil Practice Law and Rules Index No. 114152/07

-against-

Richard F. Daines, M.D. etc.,Respondent-Appellant,

-and-

Robert Doar, etc.,Respondent.

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

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about July 31, 2015, andsaid appeal having been perfected,

Now, upon reading and filing the stipulation of the partieshereto, dated August 1, 2017, and due deliberation having beenhad thereon,

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

ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice,Peter Tom


--------------------------------------XIn the Matter of the Application ofMing Tung, Wai Ching Chen and Shun Yi Mon,

Plaintiffs-Petitioners-Respondents,

For a Judgment Under Article 78 M-4653of the Civil Practice Law and Rules Index No. 110149/11Directing the China Buddhist Associationto Conduct an Annual Membership Meeting

-against-

China Buddhist Association, MewFung Chen, Ming Yee and Chih Chen Ma,

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

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about February 18, 2016,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, dated August 24,2017, and due deliberation having been had thereon,

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

ENTERED:

_____________________ CLERK




Respondent,M-4687


Vijay Jain,


Defendant having moved for leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, New YorkCounty, rendered on or about July 17, 2017, for leave to have theappeal heard upon the original record and a reproducedappellant's brief, and for related relief,




(M-4687) -2- October 10, 2017


ENTERED:

_____________________ CLERK




Respondent,M-4788


Juan Taveras,


Defendant having moved for leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, New YorkCounty, rendered on or about October 6, 2016, for leave to havethe appeal heard upon the original record and a reproducedappellant's brief, and for related relief,




(M-4788) -2- October 10, 2017

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

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Presiding Justice,Peter TomDavid FriedmanJohn W. Sweeny, Jr.Dianne T. Renwick, Justices.

------------------------------------XHernan Zamudio,


-against- M-4945XIndex No. 20933/15E

Miguel Pichardo, City BronxLeasing, Inc.,

Defendants-Appellants,

Mohammad Igbal, et al.,

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

An appeal having been taken from an order of the SupremeCourt, Bronx County, entered on or about November 2, 2016,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"September 14, 2017, and due deliberation having been had thereon,

It is ordered that defendants-appellants’ notice of appealis withdrawn in accordance with the aforesaid stipulation.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr. Dianne T. Renwick, Justices.

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

Respondent,


Gary Harris,Defendant-Appellant.

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

An order of this Court having been entered on March 16, 2017(M-773), granting defendant leave to prosecute, as a poor person,the appeal from a judgment of the Supreme Court, New York County,rendered on or about July 21, 2016, and assigning Seymour W.James, Jr., Esq., as counsel to prosecute the appeal; and amotion having been made to relieve such counsel, and for relatedrelief,


It is ordered that the motion is granted to the extent ofstriking the designation of 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 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.

ENTERED:

_____________________ CLERK




Respondent,M-4803


Louis Andujar,


Defendant having moved for leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, New YorkCounty, rendered on or about December 20, 2016, for leave to havethe appeal heard upon the original record and a reproducedappellant's brief, and for related relief,




(M-4803) -2- October 10, 2017


ENTERED:

_____________________ CLERK




Respondent,M-4804


Glen Avery,






(M-4804) -2- October 10, 2017


ENTERED:

_____________________ CLERK




Respondent,M-4805


Daquan Bruce,






(M-4805) -2- October 10, 2017


ENTERED:

_____________________ CLERK




Respondent,M-4807


Yeyson Disla,






(M-4807) -2- October 10, 2017


ENTERED:

_____________________ CLERK




Respondent,M-4808


Sharina Dixon,






(M-4808) -2- October 10, 2017


ENTERED:

_____________________ CLERK




Respondent,M-4809


Che Quenten Irving,






(M-4809) -2- October 10, 2017


ENTERED:

_____________________ CLERK




Respondent,M-4810


Bobby John,






(M-4810) -2- October 10, 2017


ENTERED:

_____________________ CLERK


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


Respondent,M-4815


Williams Jones,


Defendant having moved for leave to prosecute, as a poorperson, the appeal from a judgment of the Supreme Court, BronxCounty, rendered on or about December 15, 2016, for leave to havethe appeal heard upon the original record and a reproducedappellant's brief, and for related relief,




(M-4815) -2- October 10 2017


ENTERED:

_____________________ CLERK




Respondent,M-4816


Eugene Patterson,






(M-4816) -2- October 10, 2017


ENTERED:

_____________________ CLERK




Respondent,M-4817


Bill Queen,






(M-4817) -2- October 10, 2017


ENTERED:

_____________________ CLERK




Respondent,M-4818


Matthew Tineo,






(M-4818) -2- October 10, 2017


ENTERED:

_____________________ 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 October 10, 2017.

Present - Hon. Peter Tom, Justice Presiding, Dianne T. Renwick Richard T. Andrias Anil C. Singh Peter H. Moulton, Justices.

---------------------------------------xJames Pettus, et al.,

Plaintiffs-Appellants,


Board of Directors, et al.,

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

An appeal having been taken to this Court from the order ofthe Supreme Court, Bronx County, entered on or about June 21,2016,

And plaintiffs-appellants having moved for an enlargement oftime to perfect the appeal,


it is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the February 2018Term.

ENTERED:

_____________________ 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 October 10, 2017.

Present - Hon. Peter Tom, Justice Presiding, Rosalyn H. Richter Richard T. Andrias Ellen Gesmer Anil C. Singh, Justices.

---------------------------------------xJoseph Johnson,

Petitioner-Appellant,


Westin New York at Times Square, et al.,

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

An appeal having been taken to this Court from the judgmentof the Supreme Court, New York County, entered on or aboutSeptember 28, 2015, and said appeal having been perfected,

And respondent-respondent, Westin New York at Times Square,having moved for leave to strike the record on appeal,


It is ordered that the motion is granted to the extent ofstriking the appendix in its entirety, and directing petitionerto file a new appendix omitting pages A56-A236 of the presentappendix. Petitioner is also directed to include a complete copyof respondent Westin’s Verified Answer, dated May 27, 2015,(inclusive of pp. 2-5 also in the new appendix), on or beforeDecember 4, 2017 for the February 2018 Term, to which Term theappeal is adjourned.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli Richard T. Andrias Jeffrey K. Oing Anil C. Singh, Justices.

-----------------------------------XJane Doe, a fictitious name for aninfant, by her father, and naturalguardian Darren Johnson, and DarrenJohnson, individually, and AprilJohnson,

Plaintiffs-Respondents,


The Bronx Preparatory CharterSchool and Democracy PrepPublic Schools,

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

Defendant-appellant The Bronx Preparatory CharterSchool having moved for an enlargement of time to perfect theappeal taken from an order of the Supreme Court, Bronx County,entered on or about November 28, 2016,


It is ordered that the motion is granged to the extent ofenlarging the time to perfect the appeal to the February 2018 Term.

ENTERED:

_____________________ CLERK


Present - Hon. Peter Tom, Justice Presiding, Richard T. Andrias Anil C. Singh Peter H. Moulton, Justices.

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

Appellant,

-against-

Sean McCants,Defendant-Respondent. M-4715

- - - - - - - - - - - - - - Ind. No. 390/15 The People of the State of New York,

Appellant,

-against-

Christopher Knupp,Defendant-Respondent.

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

An appeal having been taken to this Court by the People fromthe order of the Supreme Court, Bronx County, entered on or aboutAugust 8, 2016, and said appeal having been perfected,

And defendant-respondent Sean McCants having moved for leaveto respond to the aforesaid appeal as a poor person, and forassignment of counsel,


It is ordered that the motion is granted to the extent of(1) permitting movant to respond to the appeal upon a reproducedrespondent's brief, on condition that one copy of such brief beserved upon the attorney for the People and 9 copies thereof arefiled with this Court, and (2) assigning, pursuant to Section 722of the County Law, Robert S. Dean, Esq., Center for AppellateLitigation, 120 Wall Street, 28th Floor, New York, New York10006, Telephone No. 212-577-2523, as counsel for purposes ofresponding to the appeal.

(M-4715) -2- October 10, 2017

It is further ordered that the appeal is adjourned to theJanuary 2018 Term. (See M-4751, decided simultaneouslyherewith.)

ENTERED:

_____________________ CLERK


Present - Hon. Peter Tom, Justice Presiding, Richard T. Andrias Anil C. Singh Peter H. Moulton, Justices.


Appellant,

-against-

Sean McCants,Defendant-Respondent. M-4751

- - - - - - - - - - - - - - Ind. No. 390/15 The People of the State of New York,

Appellant,

-against-

Christopher Knupp,Defendant-Respondent.

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

An appeal having been taken to this Court by the People fromthe order of the Supreme Court, Bronx County, entered on or aboutAugust 8, 2016, and said appeal having been perfected,

And counsel for defendant-respondent Christopher Knupphaving moved on his behalf for leave to respond to the aforesaidappeal as a poor person, and for assignment of counsel,


It is ordered that the motion is granted to the extent of(1) permitting movant to respond to the appeal upon a reproducedrespondent's brief, on condition that one copy of such brief beserved upon the attorney for the People and 9 copies thereof arefiled with this Court, and (2) assigning, pursuant to Section 722of the County Law, Christina Swarns, Esq., Office of theAppellate Defender, 11 Park Place, Room 1601, New York, New York,10007, Telephone No. 212-402-4112, as counsel for purposes ofresponding to the appeal.

(M-4751) -2- October 10, 2017

It is further ordered that the appeal is adjourned to theJanuary 2018 Term. (See M-4715, decided simultaneouslyherewith.)

ENTERED:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Dianne T. Renwick

Sallie Manzanet-Daniels, Richard T. Andrias, Justices.

-----------------------------------------XR.S. Raghavendra, also known as Randy S. Raghavendra (Founder,NAFCADA, Rescue Ad Hoc Committee),

Plaintiff-Appellant, M-4192


Louis D. Stober, Jr., et al.,Defendants-Respondents.

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

A purported appeal having been taken from an order of theSupreme Court, New York County, entered on or about March 15,2017,

And certain defendants-respondents having moved to dismissthe purported appeal (M-4192),

And certain other defendants-respondents having cross movedto dismiss the purported appeal pursuant to Rule 600.5(d) (M-4434),

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

It is ordered that the motion and cross motion are denied,with leave to renew, upon submission of a properly entered orderof this Court granting plaintiff permission to appeal said March15, 2017 order.

ENTERED:

_____________________ CLERK

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 October 10, 2017.

PRESENT: Hon. David Friedman, Justice Presiding, Sallie Manzanet-Daniels Barbara R. Kapnick Cynthia S. Kern Anil C. Singh, Justices.

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

Fordham Grand, LLC, Petitioner,

For a Judgment Pursuant to Article 78of the Civil Practice Law and Rules, M-4003

Index No. 112/17 -against-

Norma Ruiz, Justice of the SupremeCourt, Bronx County, Respondent.-------------------------------------X

This is an Article 78 Proceeding in the nature of Mandamus,commenced pursuant to CPLR 7804(b), in which petitioner seeks awrit directing a certain Supreme Court Justice to immediatelyrender a decision in a pending motion,

Now, upon reading and filing the papers with respect to saidproceeding, including the correspondence from Michael B. Doyle,Esq., counsel for petitioner, dated August 28, 2017, and duedeliberation having been had thereon,

It is ordered that the motion is deemed withdrawn.

ENTERED:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Sallie Manzanet-Daniels Barbara R. Kapnick

Cynthia S. Kern Anil C. Singh, Justices.

-----------------------------------XMarion Scott Real Estate, Inc.,



Riverbay Corporation,Defendant-Appellant.

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

Defendant-appellant having moved for an enlargement of timeto perfect the appeal taken from an order of the Supreme Court,New York County, entered on or about June 27, 2016,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the February 2018Term, with leave to seek further enlargements if necessary.

ENTERED:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Sallie Manzanet-Daniels Barbara R. Kapnick Cynthia S. Kern Anil C. Singh, Justices.


Respondent,


Sandro Castro,Defendant-Appellant.

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

Defendant having moved for an enlargement of time in whichto file a notice of appeal from a judgment of the Supreme Court,New York County, rendered on or about May 4, 2016, for leave toprosecute the appeal as a poor person upon the original recordand a reproduced appellant's brief, and for related relief,


It is ordered that the motion is granted to the extent ofdeeming the notice of appeal as timely filed and permitting theappeal to be heard on the original record, except that acertified copy of the indictment(s) shall be substituted in placeof the original indictment(s), and upon a reproduced appellant'sbrief, on condition that appellant serves one copy of such briefupon the District Attorney of said county and files 8 copies ofsuch brief, together with the original record, pursuant to Rule600.11 of the Rules of this Court.


(M-4616) -2- October 10, 2017


ENTERED:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices.


Respondent,


Andre Durham,Defendant-Appellant.

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

Defendant having moved for an enlargement of time in whichto file a notice of appeal from a judgment of the Supreme Court,New York County, rendered on or about February 8, 2017, for leaveto prosecute the appeal as a poor person upon the original recordand a reproduced appellant's brief, and for related relief,




(M-4468) -2- October 10, 2017


ENTERED:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices.

-----------------------------------XElise Adario-Caine,

Plaintiff-Appellant, M-4512

-against- Index No. 107685/11

69th Tenants Corp., and Charles H.Greenthal Management Co., Defendants-Respondents.-----------------------------------X

Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal taken from an order of the Supreme Court,New York County, entered on or about April 28, 2015,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the February 2018Term, with no further enlargements to be granted.

ENTERED:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Karla Moskowitz Marcy L. Kahn Ellen Gesmer, Justices.

-----------------------------------XHermitage Insurance Company,



Triple 8 Construction Inc., HoaLam, Muoi Te Luu, Sky Realty, Inc.and 652 Lin's Garden, Inc.,

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

Defendants-appellants Hoa Lam and Muoi Te Luu having movedfor an enlargement of time to perfect the appeal taken from anorder of the Supreme Court, New York County, entered on or aboutMay 6, 2016,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the May 2018 Term,with leave to seek further enlargements, if necessary.

ENTER:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Karla Moskowitz Marcy L. Kahn Ellen Gesmer, Justices. ------------------------------------XThe People of the State of New York,

Respondent,


Jesus M. Acosta,Defendant-Appellant.

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

Defendant having moved for an enlargement of time in whichto file a notice of appeal from a judgment of the Supreme Court,New York County, rendered on or about June 30, 2016, for leave toprosecute the appeal as a poor person upon the original recordand a reproduced appellant's brief, and for related relief,




(M-4534) -2- October 10, 2017


ENTERED:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Karla Moskowitz Marcy L. Kahn Ellen Gesmer, Justices. ------------------------------------XThe People of the State of New York,

Respondent,CONFIDENTIAL


Charles McNeil,Defendant-Appellant.

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

Defendant having moved for an enlargement of time in whichto file a notice of appeal from a judgment of the Supreme Court,New York County, rendered on or about June 27, 2017, for leave toprosecute the appeal as a poor person upon the original recordand a reproduced appellant's brief, and for related relief,




(M-4612) -2- October 10, 2017


ENTERED:

_____________________ 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 October 10, 2017.



Respondent, M-4679 -against- Ind. No. 1320/11

Yenfri Ramirez, Defendant-Appellant.--------------------------------------X

Defendant having moved for an enlargement of time to perfectthe appeal taken from the judgment of the Supreme Court, BronxCounty, rendered on or about May 29, 2014,


It is ordered that the motion is granted to the extent of enlarging the time to perfect the appeal to the February 2018Term.

ENTERED:

_____________________ CLERK





Juan Felix Ramos, Defendant-Appellant.--------------------------------------X

Defendant having moved for an enlargement of time to perfectthe appeal taken from the judgment of the Supreme Court, New YorkCounty, rendered on or about May 6, 2015,


It is ordered that the motion is granted to the extent of enlarging the time to perfect the appeal to the February 2018Term.

ENTERED:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices.



Steven Armento, Defendant-Appellant.--------------------------------------X

An appeal having been taken from the judgment of the SupremeCourt, Bronx County, rendered on or about November 13, 2008,

And defendant-appellant having moved for a reconstructionhearing under the aforesaid indictment number with respect toallegedly missing minutes of the jury selection and pretrialdecisions held between October 6th and October 8, 2008,


It is ordered that the motion is granted to the extent ofremanding the matter to Supreme Court, Bronx County, for areconstruction hearing of the aforesaid proceedings. Defendant’scounsel is directed to serve a copy of this order upon the Clerkof said Court and its Chief Court Reporter within 10 days fromthe date of entry hereof, and the Clerk is directed to have theminutes of the proceedings transcribed and delivered toappellant’s counsel for inclusion in the record within 30 days ofthe conclusion of said reconstruction hearing. The time in whichto perfect the appeal is enlarged to 120 days from the date ofreceipt of the reconstruction court’s findings.

ENTERED:

_____________________ CLERK

at a term of the appellate division of the supreme court ......(m-4271) -2- october 10, 2017 robert...

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