At a Term of the Appellate Division of the Supreme Court ...€¦ · Ruth Shomron, on behalf of R&L...

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on May 19, 2016.

PRESENT: Hon. Peter Tom, Justice Presiding, Angela M. MazzarelliDavid Friedman John W. Sweeny, Jr.Rolando T. Acosta, Justices.

------------------------------------XAndy Fournier and Stephanie Romano,

Plaintiff-Respondent,

-against- M-2016XIndex No. 305515/14

Tony Jimenez, Lilian Pena,Defendants,

Sony Y. Arias,Defendant-Appellant.

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

An appeal having been taken from an order of theSupreme Court, Bronx County, entered on or about January 13,2016,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered" April 18, 2016, and due deliberation having been had thereon,

It is ordered that the appeal is withdrawn inaccordance with the aforesaid stipulation.

ENTER:

_____________________ CLERK



-----------------------------------------XU.S. Bank National Association, etc.,



Desmond Brown,Defendant-Appellant,

Mortgage Electronic Registration Systems,Inc., etc., et al.,

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

An appeal having been taken from the judgment of theSupreme Court, Bronx County, entered on or about August 31, 2015,



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 May 19, 2016.

PRESENT: Hon. Richard T. Andrias, Justice Presiding,Sallie Manzanet-Daniels Barbara R. Kapnick Ellen Gesmer, Justices.

-----------------------------------XDarya Braverman,

Plaintiff,

-against- M-1285 Index No. 306221/11

Eric Braverman,Defendant. ------------------

David A. Mayer,Non-Party Appellant,

-against-

Susan L. Bender,Non-Party Respondent.

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

Non-party appellant having moved for an enlargement of time to perfect the appeal from the order of the Supreme Court, New York County, entered on or about September 11, 2015,

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 ofenlarging the time to perfect the appeal to the October 2016 Termwith no further enlargements to be granted. Sua sponte, thestay granted by order of this Court entered December 1, 2015 (M-5198) is continued upon condition the appeal is perfected forthe October 2016 Term of this Court.

ENTER:

_____________________ CLERK



------------------------------------XRunsdorf, Inc.,

Plaintiff-Appellant,


Lloyd’s London, etc., et al.,Defendants-Respondents.

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

An appeal having been taken from an order of theSupreme Court, New York County, entered on or about December 16,2015,

Now, after pre-argument conference, and upon readingand filing the stipulation of the parties hereto, "so ordered" April 18, 2016, and due deliberation having been had thereon,


ENTER:

_____________________ CLERK


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

Rolando T. Acosta Justices.

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

Respondent,

-against- M-2024 Ind No. 3508/13Jeremy Simmons,

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

An appeal having been taken from a judgment of theSupreme Court, Bronx County, rendered on or about June 1, 2015,

Now, upon reading and filing the stipulation of theparties hereto, dated April 18, 2016, and due deliberation havingbeen had thereon,

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

ENTER:

_____________________ CLERK



--------------------------------------------XRhonda Greenapple, also known asRhonda Simoff, individually and asbeneficiary under an Escrow Agreementwith Goldberg Weprin Finkel GoldsteinLLP, as Escrow Agent, and Park MadisonAssociates, LLC, as Sponsor of OneMadison Park Condominium,

Plaintiff-Respondent-Appellant, M-1947X Index No. 108683/10

-against-

Capital One, N.A., doing business asCapital One Bank, Bank of America,N.A., Park Madison Associates, LLCand Goldberg Weprin Finkel GoldsteinLLP,

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

An appeal and cross appeals having been taken from theorder of the Supreme Court, New York County, entered on or aboutJune 26, 2015,


It is ordered that the appeals are withdrawn inaccordance with the aforesaid stipulation.

ENTER:

_____________________ CLERK


Present: Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli David Friedman John W. Sweeny, Jr. Rolando T. Acosta, Justices.

------------------------------------XIn the Matter of a Proceeding forCustody/Visitation Under Article 6of the Family Court Act. - - - - - - - - - - - - - - M-1906Christopher E. C., Docket No. V-10178/13

Petitioner-Appellant,

-against-

Ivana K. S., Respondent-Respondent.

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

Respondent-respondent having moved for leave to respond, as a poor person, to the appeal from the order of the Family Court,Bronx County, entered on or about October 14, 2014, and for assignmentof counsel, a free copy of the transcript, and for related relief,


It is ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and §1120 ofthe Family Court Act, Larry S. Bachner, Esq., 153-01 Jamaica Avenue,Suite #201, Jamaica, New York 11432, Telephone No. (917) 378-0176, as counsel for purposes of responding to the appeal; (2) permittingmovant to respond to the appeal upon a reproduced respondent’s brief,on condition that one copy of such brief be served upon the attorneyfor petitioner-appellant and 8 copies thereof are filed with thisCourt.

ENTER:

_____________________ CLERK


Present: Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli David Friedman John W. Sweeny, Jr., Justices. -------------------------------------XThe People of the State of New York,

Respondent, M-1082

-against- Ind. No. 1241/14

Luchi Gomez, Defendant-Appellant.

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

Defendant having moved for an enlargement of time to file a notice of appeal from a judgment of the Supreme Court,Bronx County, rendered on or about August 5, 2014, or, in thealternative, for a writ of error coram nobis, on the grounds ofineffective assistance of appellate counsel, 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 ofdeeming the moving papers a timely filed notice of appeal and themotion is otherwise denied.

ENTER:

_____________________ CLERK


PRESENT: Hon. Peter Tom, Justice Presiding, John W. Sweeny, Jr. Richard T. Andrias Sallie Manzanet-Daniels Troy K. Webber, Justices.

----------------------------------------XJing Quan Li,



Kuan Lee Lai Si Realty,Defendant-Respondent.

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

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about March 24, 2016, asamended by the order of said Court entered on or about April 5,2016,

And plaintiff-appellant having moved for an order stayingthe vacatur of the lis pendens as ordered by the Supreme Court,


It is ordered that the motion is denied and the interimrelief granted by an order of a Justice of this Court, dated April 7, 2016, is hereby vacated.

ENTER:

_____________________ CLERK


Present: Hon. Peter Tom, Justice Presiding, Rolando T. Acosta Rosalyn H. Richter Sallie Manzanet-Daniels Ellen Gesmer, Justices.

-----------------------------------------XIn the Matter of the Application ofQuanisha Smith and Anthony Colavecchio,individually and on behalf of all otherssimilarly situated,

Plaintiffs-Respondents, M-1402 Index No. 400903/10

For a Judgment Pursuant to Article 78 and Section 3001 of the Civil PracticeLaw and Rules,

-against-

Kristin M. Proud, as Commissioner of theNew York State Office of Temporary and Disability Assistance, and Robert Doar,as Commissioner of the New York City Human Resources Administration,

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

An appeal having been taken by defendant-appellant KristinM. Proud, as Commissioner of the New York State Office ofTemporary and Disability Assistance, from an order of the SupremeCourt, New York County, entered on or about April 28, 2015,

And an order of this Court having been entered on October 29, 2015 (M-3240), consolidating appeals taken bydefendant-appellant Robert Doar, as Commissioner of the New YorkCity Human Resources Administration from orders of the SupremeCourt, New York County, entered on or about August 15, 2013 andApril 28, 2015,

And the State defendant having moved for an enlargement oftime to perfect its appeal taken from the April 28, 2015 orderand the previously consolidated City appeals,

(M-1402) -2- May 19, 2016


It is ordered that, sua sponte, the State’s appeal from theApril 28, 2015 order is consolidated with the City’s appealspreviously consolidated by this Court’s order entered October 29,2015 (M-3240) and the motion is granted to the extent ofenlarging the time to perfect the foregoing consolidated appealsto the December 2016 Term.

ENTER:

_____________________ CLERK


PRESENT: Hon. Peter Tom, Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Barbara R. Kapnick Troy K. Webber, Justices. ---------------------------------------xRuth Shomron, on behalf of R&L RealtyAssociates, etc.,

Plaintiffs-Respondents,

-against- M-1672Index No. 102882/02

Darya Fuks, as Executrix of the Estateof the Deceased Yoram Fuks, et al.,

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

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or aboutDecember 3, 2014,

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


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the October 2016Term.

ENTER:

_____________________ CLERK


Present: Hon. Peter Tom, Justice Presiding, Diane T. Renwick Rosalyn H. Richter Barbara R. Kapnick Troy K. Webber, Justices.

-----------------------------------XBruce Schwartz,



Boom Batta, Inc., et al.,Defendants,

Robert Watman and Tim Ouellette,Defendants-Appellants.

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

Appeals having been taken from orders of the Supreme Court, New York County, entered on or about October 30, 2014,November 12, 2014, and two so-ordered transcripts entered on or about November 18, 2014, respectively,

And defendants-appellants having moved for an enlargementof time to perfect the aforesaid appeals,

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 ofenlarging the time to perfect the appeals to the November 2016Term.

ENTER:

_____________________ CLERK


PRESENT: Hon. Peter Tom, Justice Presiding,Dianne T. Renwick Rosalyn H. Richter Barbara R. Kapnick Troy K. Webber, Justices.

-------------------------------------XBoyd Allen,


-against- M-1647 Index No. 21579/13E

Pedro Hiraldo and Autoworld NYC,Defendants-Appellants.

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

Defendants-appellants having moved for an enlargement oftime to perfect the appeal from the order of the Supreme Court,Bronx County, entered on or about June 12, 2015,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the December 2016Term.

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 May 19, 2016.

PRESENT - Hon. Peter Tom, Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Barbara R. Kapnick Troy K. Webber, Justices.

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

Respondent,

-against- M-1868Ind. No. 4004/12

Jeremy Sanchez, Defendant-Appellant.--------------------------------------X

Defendant having moved for an enlargement of time in which tofile a notice of appeal from the judgment of the Supreme Court, New York County, rendered on or about October 7, 2015, 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 moving papers a timely filed notice of appeal, and permitting theappeal to be heard on the original record, except that a certifiedcopy of the indictment(s) shall be substituted in place of theoriginal indictment(s), and upon a reproduced appellant's brief, oncondition 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.

Seymour W. James, Jr., Esq., 199 Water Street, 5th Floor, NewYork, New York 10038, Tel. No. (212) 577-3688, is assigned as counselfor defendant-appellant for purposes of the appeal. The time within which appellant shall perfect this appeal is hereby enlarged until 120days from the date of filing of the record.

ENTER:

_____________________ CLERK




Respondent,


Hector Portalatin, Defendant-Appellant.--------------------------------------X

Defendant having moved for an enlargement of time in which tofile a notice of appeal from the judgment of the Supreme Court, New York County, rendered on or about March 31, 2015, for leave toprosecute the appeal as a poor person upon the original record andupon a reproduced appellant's brief, and for assignment of counsel,




Robert S. Dean, Esq., Center for Appellate Litigation, 120 WallStreet, 28th Floor, New York, New York 10005, Telephone No. 212-577-2523, is assigned as counsel for defendant-appellant for purposes ofthe appeal. The time within which appellant shall perfect thisappeal is hereby enlarged until 120 days from the date of filing ofthe record.

ENTER:

_____________________ CLERK




Respondent,

-against- M-1600 Ind. No. 4082N/15

Vadesh Maharaj, also known as Vedesh Maharaj,

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 October 1, 2015,


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

ENTER:

_____________________ CLERK



----------------------------------------XThe People of the State of New York, ex rel. Russel Green, Petitioner-Appellant,

-against- M-1202

Index No. 100072/16C. Saunders, NYC Department of SCID No. 30012/16Corrections,

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

Petitioner having moved for leave to prosecute, as a poorperson, the appeal from the order of the Supreme Court, New YorkCounty, entered on or about February 4, 2016, and for leave tohave the appeal heard on the original record and upon areproduced appellant's brief, and for other relief,


It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record and upona reproduced appellant's brief, on condition that appellantserves one copy of such brief upon the attorney for respondentand file 10 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 Clerk of the Supreme Court, New York County, isdirected to have transcribed the minutes of the proceedings heldtherein, for inclusion in the record on appeal, with a copy toappellant's counsel, the cost thereof to be charged against theCity of New York from funds available therefor.

ENTER:

_____________________ CLERK



---------------------------------------XShelton Stewart,



New York City Transit Authority,Defendant-Appellant.

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

Plaintiff-respondent having moved to dismiss the appeal fromthe order of the Supreme Court, Bronx County, entered on or aboutNovember 23, 2015, unless it is perfected for the September 2016Term of this Court,


It is ordered that the motion is granted and the appeal isdismissed unless perfected for the September 2016 Term. Suasponte, the appeal from the order of said Court entered on orabout November 25, 2015 is subsumed in the appeal from thejudgment of said Court entered on or about March 3, 2016.

ENTER:

_____________________ CLERK


Present: Hon. Peter Tom, Justice Presiding, Diane T. Renwick Rosalyn H. Richter Barbara R. Kapnick Troy K. Webber, Justices.

-----------------------------------XNeil Hutchins, Plaintiff-Appellant,

M-1662 -against- Index No. 251490/14

Peter Hutchins and Virginia Lindsey-Hutchins, Defendants-Respondents. -----------------------------------X

Plaintiff-appellant having moved for leave to prosecute, as a poor person, the appeal from an order of the Supreme Court,Bronx County, entered on or about March 25, 2016, for leave to have the appeal heard on the original record and upon areproduced appellant's brief, and for an enlargement of time to perfect said appeal,

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, to the extent it seeks an enlargement of time to perfect the appeal, is denied aspremature. So much of the motion which seeks poor person reliefis denied.

ENTER:

_____________________ CLERK


PRESENT : Hon. Peter Tom, Justice Presiding,David B. Saxe Rosalyn H. Richter Judith J. Gische Troy K. Webber, Justices.

---------------------------------------XJaime Alberto Mejia-Gonzalez,

Plaintiff-Appellant-Respondent,

-against- M-2048Ind. No. 154573/12

Oliver S. Storch,Defendant-Respondent-Appellant.

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

Appeals and cross appeals having been taken from the ordersof the Supreme Court, New York County, entered on or about August 8, 2013, September 3, 2013 and July 22, 2015,respectively,

And plaintiff-appellant-respondent having moved forconsolidation of the appeals taken from the aforementionedorders, and for an enlargement or time to perfect theconsolidated appeals,


It is ordered that the motion is granted to the extent ofpermitting plaintiff-appellant to prosecute the appeals upon 9copies of one record and of one set of appellant's pointscovering the appeals and enlarging the time in which to perfectthe consolidated appeals to the October 2016 Term. Defendant’sperfected cross appeals are adjourned to the said October 2016Term. The Clerk of this Court is directed to calendar theconsolidated appeals to be heard together on the same day for the October 2016 Term.

ENTER:

_____________________ CLERK


PRESENT: Hon. Peter Tom, Justice Presiding, David B. Saxe Rosalyn H. Richter Judith J. Gische Troy K. Webber, Justices.

---------------------------------------XTina S. Weisenfeld, Betsy Stark, TBJ,LLC, and The Kenneth M. Stark CreditShelter Trust,

Plaintiffs-Appellants,


Sameh S. Iskander, et al.,Defendants-Respondents.

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

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about April 13, 2016,

And plaintiffs-appellants having moved for a temporary andpreliminary injunction pending hearing and determination of theappeal taken therefrom, enjoining defendants from disbursing theStark Fund as defined in the complaint, and directing defendantsto pay the Stark Fund into an appropriate escrow account,


It is ordered that the motion is denied.

ENTER:

_____________________ CLERK


PRESENT - Hon. Peter Tom, Justice Presiding,Rosalyn H. Richter Barbara R. Kapnick Troy K. Webber, Justices.

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

Respondent,M-1592


Lance Williams,Defendant-Appellant.

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

Defendant having moved for leave to prosecute, as a poor person,the appeal from the judgment of the Supreme Court, Bronx County,rendered on or about April 15, 2015, for leave to have the appealheard on the original record and upon a reproduced appellant's brief,and for related relief,


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


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


PRESENT - Hon. Peter Tom, Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer, Justices. --------------------------------------XThe People of the State of New York,

Respondent,


Elvis Montero, Defendant-Appellant.--------------------------------------X

Defendant having moved for an enlargement of time in which tofile a notice of appeal from the judgment of the Supreme Court, BronxCounty, rendered on or about May 6, 2015, for leave to prosecute theappeal as a poor person upon the original record and upon a reproducedappellant's brief, and for assignment of counsel,




Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, 28th Floor, New York, New York 10005, 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 120days from the date of filing of the record.

ENTER:

_____________________ CLERK


PRESENT - Hon. Angela M. Mazzarelli, Justice Presiding, Rolando T. Acosta Karla Moskowitz Judith J. Gische

Troy K. Webber, Justices.

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

Respondent,M-1177

-against- Ind. No. 2369/12 Case No. 40100C/12 Nasean Bonie,

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

Defendant having moved for leave to prosecute, as a poor person,the appeal from the judgment of the Supreme Court, Bronx County,rendered on or about April 22, 2015, for leave to have the appealheard on the original record and upon a reproduced appellant's brief,and for related relief,


It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, 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 ten reproduced copies ofsuch brief, together with the original record, with 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, 120 Wall Street, 28th Floor, New York, New York 10005, 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


PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding,Dianne T. Renwick David B. Saxe Judith J. Gische Marcy L. Kahn, Justices.

---------------------------------------XYates Restoration Group, LLC, 40 Fifth Avenue Corp., Liberty Insurance Underwriters Inc.,



Endurance American Specialty InsuranceCompany,

Defendant-Respondent,

BRS Contracting, LLC, et al.,Defendants.

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

Plaintiffs-appellants having moved for an enlargement oftime to perfect the appeal from the order of the Supreme Court,New York County, entered on or about June 24, 2015,



ENTER:

_____________________ CLERK



-----------------------------------XJanna Bullock,



Giancarlo Alhadeff,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 September 3, 2015,



ENTER:

_____________________ CLERK



-------------------------------------XVinland Capital Investments, LLC,



Peak Venture Partners, LLC, et al.,Defendants-Respondent.

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

Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal from two orders of the Supreme Court, New York County, both entered on or about May 18, 2015,



ENTER:

_____________________ CLERK



---------------------------------------XCheryl Douglas,



Consolidated Edison Company ofNew York, Inc.,

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

Plaintiff-appellant having moved for an enlargement of timeto perfect the appeal from the order of the Supreme Court, BronxCounty, entered on or about April 4, 2014,


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the October 2016 Termwith no further enlargements to be granted.

ENTER:

_____________________ CLERK


PRESENT - Hon. Angela M. Mazzarelli, Justice Presiding, David B. Saxe Judith J. Gische Marcy L. Kahn, Justices.


Respondent,

-against- M-1912 Ind. No. 2322/13

Dwight McClain, SCI No. 1188/15 Defendant-Appellant.

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

Defendant having moved for an enlargement of time to file anotice of appeal or in the alternative, deeming the writtenmoving papers a timely filed notice of appeal from the judgmentof the Supreme Court, Bronx County, rendered on or about July 7,2015,


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

ENTER:

_____________________ CLERK


Present: Hon. Angela M. Mazzarelli, Justice Presiding, Richard T. Andrias Rosalyn H. Richter Sallie Manzanet-Daniels Marcy L. Kahn, Justices.

----------------------------------------XTap Tap, LLC,

Plaintiff-Appellant/Plaintiff- Respondent-Appellant,

M-1858 -against- M-2214

Index No. 154951/15558 Seventh Ave. Corp., et al.,

Defendants-Respondent/Defendants- Appellants-Respondents.----------------------------------------X

Appeals having been taken by plaintiff from orders of the Supreme Court, New York County, entered on or about June 30, 2015, August 13, 2015 and November 20, 2015; and anappeal having been taken by defendants from an order of saidSupreme Court entered on or about March 4, 2016 and said appealhaving been perfected, and plaintiff having taken a cross appealfrom said order entered on or about March 4, 2016,

And, plaintiff having moved for consolidation of theappeals and cross appeal taken from the orders of the Supreme Court entered on or about June 30, 2015, August 13, 2015,November 20, 2015 and March 4, 2016, and for an enlargement of time to perfect its appeals and cross appeal (M-1858),

And defendants having cross-moved to dismiss plaintiff’sappeals taken from the orders entered on June 30, 2015, August 13, 2015 and November 20, 2015 (M-2214),

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

(M-1858/M-2214) -2- May 19, 2016

It is ordered that plaintiff’s appeals and cross appeal are consolidated with defendants’ appeal and that plaintiff’stime to perfect same is enlarged to the September 2016 Term, andto direct plaintiff to file a brief as cross-appellant addressingits appeals and cross appeal, and to file a supplemental record,on or before August 10, 2016 for the September 2016 Term, towhich Term defendants perfected appeal is adjourned. Defendants’cross motion is denied, without prejudice to addressing argumentsdirectly on appeal.

ENTER:

_____________________ CLERK


Present - Hon. David Friedman, Justice Presiding, Richard T. Andrias Karla Moskowitz Barbara R. Kapnick Troy K. Webber, Justices.

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

Respondent, M-1258


Carlin Batista,Defendant-Appellant.

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

An appeal having been taken from a judgment of the SupremeCourt, New York County, rendered on or about November 25, 2014,

And, defendant having moved for an enlargement of time toperfect the appeal and for leave to prosecute the appeal as a poorperson, for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for other relief,


It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except that a certified copy of the indictment(s) shall be substituted inplace of the original indictment(s), and upon a reproduced appellant'sbrief, on condition that appellant serve one copy of such brief uponthe District Attorney of said county and file 8 copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court. Defendant’s time to perfect the appeal isenlarged to the October 2016 Term of this Court.

ENTER:

_____________________ 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 May 19, 2016.

PRESENT: Hon. David Friedman, Justice Presiding, Richard T. Andrias Karla Moskowitz Barbara R. Kapnick Troy K. Webber, Justices.

-------------------------------------XIm the Matter of the Application ofNathaniel Jones,

Petitioner,

For a Judgment Pursuant to Article 78of the Civil Practice Law and Rules, M-1504

Index No. 101189/14 -against-

New York City Housing Authority,Respondent.

-------------------------------------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 July 17, 2015, to review adetermination of respondent,

And petitioner having moved for leave to prosecute theproceeding as a poor person, upon the original record andreproduced petitioner's brief, for an enlargement of time toperfect said proceeding, and an order staying petitioner’seviction pending hearing and determination of the proceeding, andfor other relief,

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


ENTER:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Richard T. Andrias Karla Moskowitz Barbara R. Kapnick Troy K. Webber, Justices.

-------------------------------------XBarbara Mirbt,



Yorkshire Towers Company Successor,Yorkshire Towers Company, L.P., and The City of New York,

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

Defendants-appellants having moved for an order staying the trial in the above-entitled action pending hearing anddetermination of the appeal taken from the order of the SupremeCourt, New York County, entered on or about January 6, 2016,



ENTER:

_____________________ CLERK


PRESENT: Hon. David Friedman, Justice Presiding, Rolando T. Acosta David B. Saxe Judith J. Gische Troy K. Webber, Justices.

--------------------------------------XThe City Club of New York, Robert Buchanan and Tom Fox, Petitioners-Appellants,


Hudson River Park Trust, et al., Respondents-Respondents.---------------------------------------X

An appeal having been taken from an order and judgment (onepaper) of the Supreme Court, New York County, entered on or aboutApril 7, 2016,

And petitioners-appellants having moved for a calendarpreference for the June 2016 Term or the September 2016 Term, andfor other relief,

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 ofdirecting petitioners-appellants to perfect their appeal for theSeptember 2016 Term. Should the appeal be so perfected, acalendar preference for the first two weeks of the September 2016Term is granted.

ENTER:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding,Rolando T. Acosta Sallie Manzanet-Daniels

Judith J. Gische Ellen Gesmer, Justices.

-----------------------------------XRona Mann,



62nd Street East Inc., et al.,Defendants-Respondents,

Eliaho Corp., etc. et al.,Defendants.

-----------------------------------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 February 10, 2015,



ENTER:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Rolando T. Acosta Sallie Manzanet-Daniels Judith J. Gische Ellen Gesmer, Justices. ----------------------------------------xIn the Matter of the Application of Sharon Mahn,

Petitioner-Appellant,M-1832

-against- Index No. 653048/14

Major Lindsey and Africa, LLC,Respondents-Respondents.

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

An appeal having been taken to this Court from an order andjudgment (one paper) of the Supreme Court, New York County,entered on or about June 19, 2015,

And petitioner-appellant having moved for an enlargement oftime to perfect the aforesaid appeal,



ENTER:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Rolando T. Acosta Sallie Manzanet-Daniels Judith J. Gische Ellen Gesmer, Justices. ----------------------------------------xM.V., infant by his father and naturalguardian, Charles Varga, and CharlesVarga, individually,

Petitioners-Appellants,M-1691

-against- Index No. 260592/08

The City of New York, The City of NewYork Department of Education and TheBoard of Education,

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

An appeal having been taken to this Court from an order ofthe Supreme Court, Bronx County, entered on or about June 23,2015,

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


It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the November 2016Term.

ENTER:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding,Rolando T. Acosta Sallie Manzanet-Daniels Judith J. Gische, Justices.

-------------------------------------X316 Second Avenue NH, LLC, et al.,



316 Second Avenue, LLC, et al.,Defendants-Appellants.

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

Defendant-appellant 316 Second Avenue, LLC having moved foran enlargement of time to perfect the appeal from the order ofthe Supreme Court, New York County, entered on or about May 27,2014,



ENTER:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Rolando T. Acosta Sallie Manzanet-Daniels Judith J. Gische Ellen Gesmer, Justices.


Respondent,


Anonymous,

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

Defendant-appellant having moved for an order grantingmovant anonymity in connection with an appeal from a judgment of the Supreme Court, New York County, rendered on or aboutOctober 5, 2015, designating the case as People v Anonymous, and sealing the record and all further filings on appeal, andother related relief,


It is ordered that the motion is granted to the extent thatthe record on appeal, the present application and all furtherfilings on appeal, are sealed. The Clerk is directed to calendarthe appeal under People v Anonymous.

ENTER:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Rolando T. Acosta Sallie Manzanet-Daniels Judith J. Gische Ellen Gesmer, Justices. ----------------------------------------xTurner Construction Company, andSkidmore Owings & Merrill LLP,


-against-

Endurance American Specialty InsuranceCompany and Everest National Insurance M-1841Company, M-1842

Defendants-Respondents. Index No. 653917/13----------------------------------------x

An appeal having been taken to this Court from an order of theSupreme Court, New York County, entered on or about May 14, 2015,

And plaintiffs-appellants having moved for an enlargement of timeto perfect the aforesaid appeal (M-1841),

And defendant-respondent Everest National Insurance Companyhaving cross-moved to dismiss the aforesaid appeal (M-1842),

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

It is ordered that the motion is granted to the extent ofenlarging the time to perfect the appeal to the October 2016 Term (M-1841). The cross motion to dismiss the appeal is denied (M-1842).

ENTER:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Rolando T. Acosta Sallie Manzanet-Daniels Judith J. Gische Ellen Gesmer, Justices.

----------------------------------------XWM Specialty Mortgage LLC,


-against- M-1264 M-1570 Abul K. Azad, Index No. 381160/07

Defendant-Appellant,

The City of New York Environment ControlBoard, et al.,

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

An appeal having been taken from the order of the SupremeCourt, Bronx County, entered on or about April 14, 2014,

And plaintiff-respondent having moved to dismiss the aforesaidappeal for failure to comply with this Court’s order entered onOctober 13, 2015 (M-3993) requiring the aforesaid appeal to beperfected for the January 2016 Term (M-1264),

And defendant-appellant having cross-moved for an enlargementof time to perfect the aforesaid appeal (M-1570),

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

It is ordered that the motion to dismiss the appeal is grantedunless the appeal is perfected for the September 2016 Term (M-1264). The cross motion is granted to the extent of enlarging the time toperfect the appeal to said September 2016 Term, with no furtherenlargements to be granted (M-1570). Upon failure to so perfect, anorder dismissing the appeal may be entered ex parte, providedplaintiff-respondent serve a copy of this order upon appellant withinten days after the date of entry hereof.

ENTER:

_____________________ CLERK


PRESENT - Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick David B. Saxe Judith J. Gische Marcy L. Kahn, Justices.


Respondent,

-against- M-1351Ind. Nos. 161/15

Sean Christianson, 3005/13 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 September 28, 2015, for leave toprosecute the appeal as a poor person, upon the original recordand upon a reproduced appellant's brief, and for assignment ofcounsel,


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

The motion, insofar as it seeks poor person relief, isdenied, with leave to renew upon defendant's submission of anotarized affidavit, pursuant to CPLR 1101(a), setting forth theamount and sources of funds to pay trial counsels’ fee, and topost the $30,000 bail in the Supreme Court, the dispositionthereof, 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


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding,Dianne T. Renwick David B. Saxe Judith J. Gische Marcy L. Kahn, Justices.

---------------------------------------XCredit Suisse Securities (USA) LLC,

Petitioner-Respondent,


Full Spectrum Funding LLC,Respondent,

Kamil Blaszczak,Respondent-Appellant.

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

Respondent-appellant having moved for an enlargement of time to perfect the appeal from the judgment of the SupremeCourt, New York County, entered on or about May 19, 2015,



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 May 19, 2016.

PRESENT - Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Judith J. Gische, Justices. ------------------------------------XThe People of the State of New York,

Respondent,M-1461


Mark Spencer, Defendant-Appellant.

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

Defendant having renewed his motion for leave to prosecute, as a poor person, the appeal from the judgment of the Supreme Court, New York County, rendered on or about October 14, 2015, for leave tohave the appeal heard on the original record and upon a reproducedappellant's brief, and for related relief,


It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, 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 8 reproduced copies of suchbrief, together with the original record, pursuant to Rule 600.11 ofthe Rules of this Court.


Seymour W. James, Jr., Esq., 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. (212) 577-3688, is assigned ascounsel for defendant-appellant for purposes of the appeal. The timewithin which appellant shall perfect this appeal is hereby enlargeduntil 120 days from the date of filing of the record.

ENTER:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding,David B. Saxe Karla Moskowitz Judith J. Gische Troy K. Webber, Justices.

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

Vincent Latora and Robert Latora,Petitioners-Appellants,

For a Judgment Pursuant to Article78 of the CPLR,


The Department of CitywideAdministrative Services, et al.,

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

Petitioners-appellants having moved for an enlargement oftime to perfect the appeal from the judgment of the SupremeCourt, New York County, entered on or about December 17, 2014,



ENTER:

_____________________ CLERK


PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, David B. Saxe Karla Moskowitz Judith J. Gische Troy K. Webber, Justices.

-----------------------------------XVisions Federal Credit Union asSuccessor by Merger to ParagonFederal Credit Union,


-against- M-1170Index No. 381197/11

Michael Perez, Jr., and NaviaPerez,

Defendants-Appellants,

-and-

Clerk of the Criminal Court ofthe City of New York, et al.,

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

Defendants-appellants having moved for an enlargementof time to perfect the appeal from an order of the Supreme Court,Bronx County, entered on or about March 20, 2015,

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 November 2016Term, with leave to seek further enlargements, if necessary.

ENTER:

_____________________ CLERK


Present - Hon. David Friedman, Justice Presiding, Richard T. Andrias Karla Moskowitz Barbara R. Kapnick Troy K. Webber, Justices.

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

Respondent, M-1258


Carlin Batista,Defendant-Appellant.

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

An appeal having been taken from a judgment of the SupremeCourt, New York County, rendered on or about November 25, 2014,

And, defendant having moved for an enlargement of time toperfect the appeal and for leave to prosecute the appeal as a poorperson, for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for other relief,


It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except that a certified copy of the indictment(s) shall be substituted inplace of the original indictment(s), and upon a reproduced appellant'sbrief, on condition that appellant serve one copy of such brief uponthe District Attorney of said county and file 8 copies of such brief,together with the original record, pursuant to Rule 600.11 of theRules of this Court. Defendant’s time to perfect the appeal isenlarged to the October 2016 Term of this Court.

ENTER:

_____________________ CLERK

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT

BEFORE: Hon. Dianne T. Renwick Presiding Justice of the Appellate Division

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

-against-

Leonardo Larrea Defendant.

--- -- - - - - - ------ -----~- -- - - ---------------X

M- 207 Ind. No. 9542/87

CERTIFICATE DENYING LEAVE

I, Dianne T. Renwick, a Justice of the Appellate Division,

First Judicial Department, do hereby certify that, upon

application timely made by the above-named defendant for a

certificate pursuant to Criminal Procedure Law, sections 450.15

and 460 . 15, and upon the record and proceedings herein, there is

no question of law or fact presented which ought to be reviewed

by the Appellate Division, First Judicial Department, and

permission to appeal from the order of the Supreme Court,

New York County, entered on or about December 23, 2015 is hereby

denied.

Presiding Justice

Dated: Mo...'( IO I 2016 New York, New York

ENTERED: MAY 19 20t6

SUPREME COURT OF THE STATE OF NEW YORK AJPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT

BEFORE: Hon . Dianne T. Renwick Presiding Justice of the Appellate Division

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

-against-

Leonardo Larrea Defendant.

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

M- 395 Ind. No. 9542/87


I, Dianne T. Renwick, a Justice of the Appellate Divisi on,

First Judic ial Department, do hereby certify that, upon


certif icate pursuant to Criminal Procedure Law, sections 450.15

and 460.15, and upon the record and proceedings herein, there is


by the Appellate Division, First Judicial Department, and

permission to appeal from the order of the Supreme Court,

New York county, entered on or about December 23, 2015 is hereby

denied.

Date d:

ENTERED:

M~~ I 0 I 2016 New York, New York

MAY 19 2.016

Presiding Justice

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT

BEFORE: Hon . Judith J. Gische Justice of the Appellate Division

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

-against-

Rod Brown/ Defendant.

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

M-1826 Ind. No . 5481/10


I, Judith J. Gische/ a Justice of the Appellate Division/

First Judicial Department/ do hereby certify that, upon


certificate pursuant to Criminal Procedure Law/ sections 450.15

and 460.15 1 and upon the record and proceedings herein/ there is


by the Appellate Division/ First Judicial Department/ and

permission to appeal from the order of the Supreme Court/ New

York County (Hon. Ruth Pickholz), entered on or about January 19 1

2016 is hereby denied.

Dated: May 6/ 2016

Assoc~Justice New York/ New York

. ENTERED: •t••

MA¥..19 zo~

-

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