At a Term of the Appellate Division of the Supreme Court ......V-28913-14/18K-against-Johnathan G....

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on January 16, 2020.

Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels, Justices. ---------------------------------------XIn the Matter of a Child Custody Proceeding Under Article 6 of the Family Court Act

ConfidentialAshley P., M-8436

Petitioner-Appellant, Docket Nos. V-28913-14/18I V-28913-14/18K

-against-

Johnathan G. Sr., Respondent-Respondent.- - - - - - - - - -

Debra Gould, Esq., Children's Law CenterAttorney for the Child.

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

Petitioner-appellant having moved for leave to prosecute, asa poor person, the appeal taken from an order of the FamilyCourt, Bronx County, entered on or about October 4, 2019, and forassignment of counsel, a free copy of the transcript, and forrelated relief,

Now, upon reading and filing the papers with respect to themotion, and the certification of Monica S. Eskin, Esq., datedNovember 15, 2019, and due deliberation having been had thereon,it is

Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Richard L. Herzfeld, Esq., 112Madison Avenue, 8th Floor, New York, New York 10016, TelephoneNo. 212-818-9019, as counsel for purposes of prosecuting theappeal;

(M-8436) -2- January 16, 2020

(2) directing the Clerk of said Family Court to have transcribedthe minutes of the proceedings held therein, for inclusion in therecord on appeal, the cost thereof to be charged against the Cityof New York from funds available therefor1 within 30 days (FCA1121[7]) of service of a copy of this order upon the Clerk; (3)permitting appellant to dispense with any fee for the transfer ofthe record from the Family Court to this Court. The Clerk of theFamily Court shall transfer the record upon receipt of thisorder; and (4) directing appellant to perfect this appeal, incompliance with Section 1250.9 of the Practice Rules of theAppellate Division, within 60 days of the filing of thetranscripts. Assigned counsel is directed to immediately serve acopy of this order upon the Clerk of the Family Court.

ENTERED:

_____________________ CLERK

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


Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels, Justices. ---------------------------------------XIn the Matter of a Support Proceeding

Melanie C., Petitioner-Respondent, Confidential

M-8463-against- Docket No. F-01701-18/18B

Carlo B., Respondent-Appellant.

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

Respondent-appellant having moved for leave to prosecute, asa poor person, the appeal taken from an order of the FamilyCourt, New York County, entered on or about November 18, 2019,and for assignment of counsel, a free copy of the transcript, andfor related relief,

Now, upon reading and filing the papers with respect to themotion, and the certification of Adam Joseph Brown, Esq., datedNovember 22, 2019, and due deliberation having been had thereon,it is

Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Bruce A. Young, Esq., 100 ChurchStreet, Suite 800, New York, New York 10007, Telephone No. 646-775-8994, as counsel for purposes of prosecuting the appeal; 2) directing the Clerk of said Family Court to have transcribedthe minutes of the proceedings held therein, for inclusion in therecord on appeal, the cost thereof to be charged against the City

(M-8463) -2- January 16, 2020

of New York from funds available therefor1 within 30 days (FCA1121[7]) of service of a copy of this order upon the Clerk; (3) (permitting appellant to dispense with any fee for the transferof the record from the Family Court to this Court. The Clerk ofthe Family Court shall transfer the record upon receipt of thisorder; and (4) directing appellant to perfect this appeal, incompliance with Section 1250.9 of the Practice Rules of theAppellate Division, within 60 days of the filing of thetranscripts. Assigned counsel is directed to immediately serve acopy of this order upon the Clerk of the Family Court.

ENTERED:

_____________________ CLERK



Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels, Justices. ---------------------------------------XIn the Matter of a Family Offense Proceeding Under Article 8 of the Family Court Act,

Cynthia M., Petitioner-Respondent, Confidential

M-8553-against- Docket No. O-1460/19

Johnson M., Respondent-Appellant.- - - - - - - - - - - -

Michael Moorman, Esq., Lawyers for Children,

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

Petitioner-respondent having moved for leave to respond, asa poor person, to the appeal taken from an order of the FamilyCourt, New York County, entered on or about April 11, 2019, andfor assignment of counsel, a free copy of the transcript, and forrelated relief,

Now, upon reading and filing the papers with respect to themotion, and the certification of Brian J. Carley, Esq., datedAugust 25, 2019, and due deliberation having been had thereon, itis

It is ordered that the motion is granted to the extent of(1) assigning, pursuant to §1120 of the Family Court Act, RichardL. Herzfeld, Esq., 112 Madison Avenue,8th Floor, New York, NY10016, Telephone No. 212-818-9019, as counsel for purposes ofresponding to the appeal; (2) permitting movant to respond to the

(M-8553) -2- January 16, 2020

appeal upon a reproduced respondent’s brief, on condition thatone copy of such brief be served upon the attorney for each partyto the appeal, and an original and five hard copies, and ifrepresented by counsel, one digital copy of such brief, are filedwith this Court, pursuant to 22 NYCRR Section 1250.9.

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels, Justices. ---------------------------------------XIn the Matter of a Family Offense Proceeding under Article 8 of the Family Court Act

ConfidentialWilliam C., M-8616

Petitioner-Appellant, Docket No. O-01220/19

-against-

Chynna C., Respondent-Respondent.

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

Petitioner-appellant having moved for leave to prosecute, asa poor person, the appeal taken from an order of the FamilyCourt, New York County, entered on or about November 20, 2019,and for assignment of counsel, a free copy of the transcript, andfor related relief,

Now, upon reading and filing the papers with respect to themotion, and the certification of Paul W. Matthews, Esq., datedDecember 2, 2019, and due deliberation having been had thereon,it is

Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Richard L. Herzfeld, Esq., 112Madison Avenue, 8th Floor, New York, New York 10016, TelephoneNo. 212-818-9019, as counsel for purposes of prosecuting theappeal;

(M-8616) -2- January 16, 2020


ENTERED:

_____________________ CLERK



Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels, Justices. ---------------------------------------XIn the Matter of a Proceeding forCustody/Visitation Under Article 6of the Family Court Act.

- - - - - - - - - - - - - -Colette J., Confidential

Petitioner-Appellant, M-8651Docket Nos. V-7214/17

-against- V-7215/17

Ilounga L., Christina R., ACS-NY andLittle Flower Children Services,

Respondents-Respondents.- - - - - - - - - - - -

Myra Elgabory, Esq., Lawyers for Children,

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

Petitioner-respondent Christina R. having moved for leave torespond, as a poor person, to the appeal taken from an order ofthe Family Court, New York County, entered on or about March 11,2019, and for assignment of counsel, a free copy of thetranscript, and for related relief,

Now, upon reading and filing the papers with respect to themotion, and the certification of Jonathan A. Nelson, Esq., datedDecember 10, 2019, and due deliberation having been had thereon,it is

It is ordered that the motion is granted to the extent of(1) assigning, pursuant to §1120 of the Family Court Act, LewisS. Calderon, Esq., 153-03 Jamaica Avenue, Jamaica, NY 11432,Telephone No. 718-883-1560, as counsel for movant for purposes ofresponding to the appeal; (2) permitting movant to respond to the

(M-8651) -2- January 16, 2020

appeal upon a reproduced respondent’s brief, on condition thatone copy of such brief be served upon the attorney for each partyto the appeal, and an original and five hard copies, and ifrepresented by counsel, one digital copy of such brief, are filedwith this Court, pursuant to 22 NYCRR Section 1250.9.

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels, Justices. ---------------------------------------XIn the Matter of a Custody/VisitationProceeding

Krizzia G., Petitioner-Appellant, Confidential

M-8729-against- Docket Nos. V-19053/17

V-18236/17Scott W.,

Respondent-Respondent.- - - - - - - - - - - -

Anna Schissel, Esq., Lawyers for Children,Attorney for the Child.

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

Petitioner-Appellant having moved for leave to prosecute, asa poor person, the appeal taken from an order of the FamilyCourt, New York County, entered on or about December 4, 2019, andfor assignment of counsel, a free copy of the transcript, and forrelated relief,

Now, upon reading and filing the papers with respect to themotion, and the certification of Christine E. Delince, Esq.,dated December 10, 2019, and due deliberation having been hadthereon, it is

Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Steven P. Forbes, Esq., 155-03Jamaica Avenue, Jamaica, New York 11432, Telephone No. 718-791-8444, as counsel for purposes of prosecuting the appeal;

(M-8729) -2- January 16, 2020

(2) directing the Clerk of said Family Court to have transcribedthe minutes of the proceedings held therein, for inclusion in therecord on appeal, the cost thereof to be charged against the City of New York from funds available therefor1 within 30 days (FCA1121[7]) of service of a copy of this order upon the Clerk; (3)permitting appellant to dispense with any fee for the transfer ofthe record from the Family Court to this Court. The Clerk of theFamily Court shall transfer the record upon receipt of thisorder; and (4) directing appellant to perfect this appeal, incompliance with Section 1250.9 of the Practice Rules of theAppellate Division, within 60 days of the filing of thetranscripts. Assigned counsel is directed to immediately serve acopy of this order upon the Clerk of the Family Court.

ENTERED:

_____________________ CLERK



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

Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels, Justices. ---------------------------------------xIn the Matter of

Jonayris D.L.C., CONFIDENTIAL M-8798

A Child Under Eighteen Years of Age Docket No. NN-19980/18Alleged to be Neglected/Abused Under Article 10 of the Family Court Act.

– - - - - - - - - - - - -Administration for Children’s Services,

Petitioner-Respondent,

Raul D.L.C.L.,Respondent-Appellant.

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

Respondent-appellant having moved for leave to prosecute, asa poor person, the appeal from an order of the Family Court, NewYork County, entered on or about November 18, 2019, and forassignment of counsel, a free copy of the transcript, and forrelated relief,

Now, upon reading and filing the papers with respect to themotion, and the certification of Rachel Turetsky, Esq., datedDecember 5, 2019, and due deliberation having been had thereon,it is

Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and§1120 of the Family Court Act, Douglas H. Reiniger, Esq., 228East 45th Street, Suite 900, New York, NY 10017, Tel. No. (646)627-8875 as counsel for purposes of prosecuting the appeal;

(M-8798) -2- January 16, 2020


ENTERED:

_____________________ CLERK

1Service of appellant’s brief upon respondent(s) shall include assigned counsel’s copy ofthe transcript.



Dianne T. Renwick Rosalyn H. Richter

Sallie Manzanet-Daniels, Justices. ---------------------------------------XM.A., an infant by her mother and natural guardian Abena Osei andAbena Osei, individually,

Plaintiffs-Respondents, M-8878Index No. 30126/18E

-against-

Robert B. Spring, Simeon Robinson, Four Seasons Realty Group LLC, andBi-Coastal Properties, LLC,

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

An appeal having been taken from an order of the SupremeCourt, Bronx County, entered on or about October 17, 2019,

And defendants-appellants having moved to stay enforcementof the aforementioned order pending hearing and determination ofthe appeal taken therefrom,

Now, upon reading and filing the Notice of Withdrawal ofmotion received from defendants-appellants, dated December 6,2019, and due deliberation having been had thereon,

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

ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels, Justices.

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

Respondent,M-8077

-against- SCI. No. 1536/18

Franklin Quiles,Defendant-Appellant.

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about September 20, 2018, forleave to have the appeal heard upon the original record and areproduced appellant'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 anoriginal, five hard copies and, if represented by counsel, onedigital copy of such brief, together with the original record,pursuant to Section 1250.9 of the Practice Rules of the AppellateDivision.

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-8077) -2- January 16, 2020

Christina Swarns, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, New York 10007, TelephoneNo. 212-402-4100, is assigned as counsel for defendant-appellantfor purposes of the appeal. The time within which appellantshall perfect this appeal is hereby enlarged until 180 days fromthe date of receipt of the complete record.

ENTERED:

_____________________ CLERK




Respondent,M-8109

-against- Ind. No. 2542/18

Daniel Nater,Defendant-Appellant.

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,Bronx County, rendered on or about October 3, 2019, for leave tohave the appeal heard upon the original record and a reproducedappellant's brief, and for related relief,



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-8109) -2- January 16, 2020

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 180 days fromthe date of receipt of the complete record.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels, Justices. ------------------------------------XThe People of the State of New York,

Respondent, M-8135


Whis Patterson,Defendant-Appellant.

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about July 30, 2019, for leave tohave the appeal heard upon the original record and a reproducedappellant's brief, and for related relief,



The court reporter shall promptly make and file with thecriminal court (CPL §460.70) one transcript of the stenographicminutes of any proceedings pursuant to CPL §210.20, Arts. 710 and 730, and of the plea or trial and sentence. The Clerk shall furnish a copy of such transcripts to appellant's counsel,without charge, the transcripts to be returned to this Court whenappellant's brief is filed.

(M-8135) -2- January 16, 2020

Janet E. Sabel, Esq., The Legal Aid Society, 199 WaterStreet, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shallperfect this appeal is hereby enlarged until 180 days from thedate of receipt of the complete record.

ENTERED:

_____________________ CLERK



Respondent, M-8136


Tyrone Gines,Defendant-Appellant.

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about August 29, 2019, for leaveto have the appeal heard upon the original record and areproduced appellant's brief, and for related relief,




(M-8136) -2- January 16, 2020


ENTERED:

_____________________ CLERK



Respondent, M-8228


Michael Dinkins,Defendant-Appellant.

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about June 5, 2019, for leave tohave the appeal heard upon the original record and a reproducedappellant's brief, and for related relief,




(M-8228) -2- January 16, 2020


ENTERED:

_____________________ CLERK



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

Respondent, M-8235

-against- Ind. No. 4004N/18

Sunray Mirabel,Defendant-Appellant.

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

An order of the Supreme Court, New York County, having beenentered on or about June 19, 2019, inter alia, granting defendantpoor person relief with respect to the appeal taken from thejudgment of the Supreme Court, New York County, rendered on orabout June 11, 2019,

Now, upon reading and filing the order which granteddefendant poor person relief on appeal, and the notice of appealfiled on defendant's behalf,

It is ordered that the appeal is permitted to be heard onthe 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, oncondition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files an original, five hardcopies and, if represented by counsel, one digital copy of suchbrief, together with the original record, pursuant to Section1250.9 of the Practice Rules of the Appellate Division.


(M-8235) -2- January 16, 2020


ENTERED:

_____________________ CLERK




Respondent, M-8355


David Rivera,Defendant-Appellant.

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

An order of the Supreme Court, New York County, having beenentered on or about July 26, 2019, inter alia, granting defendantpoor person relief with respect to the appeal taken from thejudgment of the Supreme Court, New York County, rendered on orabout July 19, 2019,




(M-8355) -2- January 16, 2020


ENTERED:

_____________________ CLERK




Respondent, M-8356


Ralphie Myree,Defendant-Appellant.

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

An order of the Supreme Court, New York County, having beenentered on or about August 8, 2019, inter alia, grantingdefendant poor person relief with respect to the appeal takenfrom the judgment of the Supreme Court, New York County, renderedon or about July 17, 2019,




(M-8356) -2- January 16, 2020


ENTERED:

_____________________ CLERK



Respondent, M-8357


Avad Ratcliff,Defendant-Appellant.

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

An order of the Supreme Court, New York County, having beenentered on or about August 8, 2018, inter alia, grantingdefendant poor person relief with respect to the appeal takenfrom a judgment of the Supreme Court, New York County, renderedon or about July 17, 2019,




(M-8357) -2- January 16, 2020


ENTERED:

_____________________ CLERK




Respondent, M-8358

-against- Ind. Nos. 3592/17 850/18Jaquan Colman, also known asJayquon Coleman,

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





(M-8358) -2- January 16, 2020


ENTERED:

_____________________ CLERK




Respondent, M-8359

-against- Ind. No. 1364/18 Darnell Coleman,






(M-8359) -2- January 16, 2020


ENTERED:

_____________________ CLERK




Respondent,M-8511


Rian Conyers,Defendant-Appellant.

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about November 7, 2019, for leaveto have the appeal heard upon the original record and areproduced appellant's brief, and for related relief,




(M-8511) -2- January 16, 2020


ENTERED:

_____________________ CLERK




Respondent,M-8514


Joseph Elliot,Defendant-Appellant.

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,New York County, rendered on or about May 30, 2019, for leave tohave the appeal heard upon the original record and a reproducedappellant's brief, and for related relief,




(M-8514) -2- January 16, 2020


ENTERED:

_____________________ CLERK



Respondent,M-8543


William Cotto,Defendant-Appellant.

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,Bronx County, rendered on or about August 6, 2019, for leave tohave the appeal heard upon the original record and a reproducedappellant's brief, and for related relief,




(M-8543) -2- January 16, 2020


ENTERED:

_____________________ CLERK




Respondent, M-8544

-against- Ind. No. 1055/18 Elliot Allen,


An order of the Supreme Court, Bronx County, having beenentered on or about August 6, 2019, inter alia, grantingdefendant poor person relief with respect to the appeal takenfrom the judgment of the Supreme Court, Bronx County, rendered onor about August 7, 2019,




(M-8544) -2- January 16, 2020


ENTERED:

_____________________ CLERK




Respondent, M-8545

-against- Ind. No. 1149/18 Victor Acosta,


An order of the Supreme Court, Bronx County, having beenentered on or about September 30, 2019, inter alia, grantingdefendant poor person relief with respect to the appeal takenfrom the judgment of the Supreme Court, Bronx County, rendered onor about September 30, 2019,




(M-8545) -2- January 16, 2020


ENTERED:

_____________________ CLERK




Respondent, M-8547

-against- SCI No. 346/19 Sharae Hinds,






(M-8547) -2- January 16, 2020


ENTERED:

_____________________ CLERK




Respondent, M-8550

-against- Ind. No. 338/19 Hector Cabrera,






(M-8550) -2- January 16, 2020


ENTERED:

_____________________ CLERK




Respondent, M-8552

-against- Ind. No. 567/18 Danny Noboa,






(M-8552) -2- January 16, 2020


ENTERED:

_____________________ CLERK




Respondent, Confidential M-8554

-against- Ind. No. 417/17 Kayshawn M.,






(M-8554) -2- January 16, 2020


ENTERED:

_____________________ CLERK




Respondent, M-8555

-against- Ind. No. 2384/18 Shamel Wiggins,






(M-8555) -2- January 16, 2020


ENTERED:

_____________________ CLERK




Respondent, M-8556

-against- Ind. No. 333/19 Clinton Fuller,






(M-8556) -2- January 16, 2020


ENTERED:

_____________________ CLERK




Respondent, M-8557

-against- Ind. No. 2806/16 Tyrone McGee,






(M-8557) -2- January 16, 2020


ENTERED:

_____________________ CLERK



Dianne T. Renwick Rosalyn H. Richter

Sallie Manzanet-Daniels, Justices. ---------------------------------------XSchlam Stone & Dolan, LLP,

Plaintiff-Respondent,

-against- M-8586 M-8666

Robert I. Toussie, Index No. 651880/19Defendant-Appellant,

Laura Toussie, Joglo Realties, Inc., andElaine Farsiso, LLC.,

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

An appeal having been taken from an order of the SupremeCourt, New York County, entered on or about November 22, 2019,

And defendant-appellant having moved for a stay of the entryand/or enforcement of the judgment of the Supreme Court, New YorkCounty, entered on or about December 8, 2019 pending hearing anddetermination of the appeal taken from the aforementioned order,entered on or about November 22, 2019, which directed entry ofsaid judgment (M-8586),

And plaintiff-respondent having cross-moved for sanctionsand costs against defendant-appellant (M-8666),

Now, upon reading and filing the joint stipulation of theparties hereto, dated December 11, 2019, and due deliberationhaving been had thereon,

It is ordered that the motion and cross-motion are deemedwithdrawn in accordance with the aforesaid stipulation (M-8586 &M-8666).

ENTERED:

_____________________ CLERK


Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman Dianne T. Renwick Cynthia S. Kern Jeffrey K. Oing, Justices.

---------------------------------------XIn the Matter of a Support Proceeding Under Article 4 of the Family Court Act

Jacquelin M., Petitioner-Appellant,

Confidential -against- M-8425

Docket No. F-17407-12/18RJoseph M.,

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

Petitioner-appellant having moved for leave to prosecute, asa poor person, the appeal taken from an order of the FamilyCourt, Bronx County, entered on or about September 26, 2019, forleave to have the appeal heard on the original record and upon areproduced appellant's brief, and for related relief,


It is ordered that the motion is denied.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Jeffrey K. Oing Anil C. Singh, Justices.

-------------------------------------------XAmbac Assurance Corporation, et al.,

Plaintiffs-Respondents,

-against- M-7782Index No. 651612/10

Countrywide Home Loans Inc., et al.,Defendants-Appellants.

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

Defendants-appellants having moved for reargument of, or inthe alternative, for leave to appeal to the Court of Appeals,from the decision and order of this Court, entered on September 17, 2019 (Appeal No. 9461N),


It is ordered that the branch of the motion seekingreargument is granted and, upon reargument, the decision andorder of this Court entered on September 17, 2019 (Appeal No.9461N) is recalled and vacated and a new decision and ordersubstituted therefor. See Appeal No. 9461N decidedsimultaneously herewith. The branch of the motion seeking leaveto appeal to the Court of Appeals is denied, without prejudice toseeking such leave from the reissued decision and order.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische Barbara R. Kapnick Ellen Gesmer, Justices. ------------------------------------XThe People of the State of New York,

Respondent, M-8275


Glenford Bennett, Defendant-Appellant.

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

Defendant having renewed his motion leave to prosecute, as apoor person, the appeal taken from a judgment of the SupremeCourt, New York County, rendered on or about November 24, 2015,for leave to have the appeal heard upon the original record and areproduced appellant's brief, and for related relief,




(M-8275) -2- January 16, 2020


ENTERED:

_____________________ CLERK


Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische Angela M. Mazzarelli Troy K. Webber Ellen Gesmer, Justices.

-----------------------------------XGeraldine Duval as Administratrix of the Estate of Geralde Duval,

Plaintiff-Appellant,

-against- M-8411Index No. 24017/18E

Centerlight Health System, Inc., Center for Nursing andRehabilitation Adult HealthcareProgram, Keser Nursing and Rehabilitation Center, Inc. and Bedford Center for Nursing and Rehabilitation,

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

Plaintiff-appellant having moved for an extension of time toperfect the appeal taken from an order of the Supreme Court,Bronx County, entered on or about January 25, 2019,


It is ordered that the motion is granted to the extent ofextending the time to perfect the appeal to the June 2020 Term,with no further extensions to be granted.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische Angela M. Mazzarelli Troy K. Webber Ellen Gesmer, Justices. -----------------------------------------xPaula Genna,

Plaintiff-Appellant,

-against- M-8810 Index No. 100530/16

Oleg Klempner, D.D.S., Central ParkSouth Dental Care and Babak RobertGhalili D.M.D.

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

An appeal having been taken to this Court from two orders ofthe Supreme Court, New York County, entered on or about March 8,2018, and said appeal having been perfected,

And defendant-respondent Babak Robert Ghalili having movedto strike plaintiff-appellant’s appendix and brief because theycontain material dehors the record; to direct plaintiff toprovide a replacement appendix and brief without said materialand an appendix which includes a certain transcript cited by themotion court; to submit said documents by email to a statedaddress; and for an extension of time to file a reply brief,


It is ordered that the motion is granted to the extent ofdirecting plaintiff to file a supplemental appendix whichincludes the January 11, 2018 transcript of the oral argument by February 19, 2020, with costs to abide the appeal, and deemingthe portions of the appendix that contain letters and documentssubmitted to the court after the subject order, and the portions

(M-8810) -2- January 16, 2020

of plaintiff’s brief that refer to such documents, stricken. Theappeal is adjourned to the May 2020 Term. The motion isotherwise denied.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische Angela M. Mazzarelli Troy K. Webber Ellen Gesmer, Justices.

---------------------------------------xKim Neblett, as Administratrix of theEstate of Carol Maxwell, Deceased,

Plaintiff-Respondent, M-8812

-against- Index No. 300511/11

Twin Parks Northwest Houses Inc.,D-U First Realty Company, D-U First,Inc. and B.S.R. Management Corp.,

Defendants-Appellants-Respondents,

-and-

Murdoch Security & Investigations, Inc.,Defendant-Respondent-Appellant.

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

Appeals having been taken to this Court from an order of theSupreme Court, Bronx County, entered on or about November 28,2018, and the appeal taken by defendant-appellant-respondent TwinParks Northwest Houses Inc. having been perfected,

And defendant-respondent-appellant having moved for an orderseeking permission to file a supplemental appendix, to vacate anydefault and for an extension of time to perfect its appeal, andother relief,


It is ordered that the motion is granted to the extent ofvacating the dismissal of defendant-respondent– appellant’s

(M-8812) -2- January 16, 2020

appeal and extending the time to perfect the appeal to the May2020 term, to which term the aforesaid perfected appeal bydefendant-appellant-respondent Twin Parks Northwest Houses Inc.is adjourned. Defendant-respondent-appellant is permitted tosubmit a supplemental appendix, with costs to abide the appeal.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische

Angela M. Mazzarelli Troy K. Webber

Ellen Gesmer, Justices.

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

- - - - - - - - - - - - - - -William E. Robaey, as Executor for theEstate of Marlena F. Robaey, and Edward Robaey, Individually,

Plaintiffs-Respondents,M-8761

-against- Index No. 190276/13

Air & Liquid Systems Corp., as successor-by-merger to Buffalo Pumps, Inc., et al.,

Defendants,

Federal-Mogul Asbestos Personal InjuryTrust, as successor to Felt ProductsManufacturing Company,

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

An appeal having been taken from the judgment of the SupremeCourt, New York County, entered on or about March 1, 2019, andsaid appeal having been perfected,

And the Coalition for Litigation Justice, Inc. having movedfor leave to file an amicus curiae brief in connection with theaforesaid appeal,


(M-8761) -2- January 16, 2020

It is ordered that the motion is granted; the amicus curiaebriefs submitted with the moving papers are deemed filed.

ENTERED:

_____________________ CLERK


Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische Angela M. Mazzarelli Troy K. Webber Ellen Gesmer, Justices.


Respondent,

-against- M-8774Ind. No. 17098C/18

Oumar Fofona, Defendant-Appellant.

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

Defendant having moved for an extension of time in which tofile a notice of appeal from a judgment of the Supreme Court,Bronx County, rendered on or about December 13, 2018, for leaveto prosecute the appeal as a poor person upon the original recordand a reproduced appellant's brief, and for related relief,


It is ordered that the motion is granted to the extent ofdeeming the moving papers 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 anoriginal, five hard copies and, if represented by counsel, onedigital copy of such brief, together with the original record,pursuant to Section 1250.9 of the Practice Rules of the AppellateDivision,


(M-8774) -2- January 16, 2020

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 extended until 180 days fromthe date of receipt of the complete record.

ENTERED:

_____________________ CLERK


Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische Angela M. Mazzarelli Troy K. Webber Ellen Gesmer, Justices. ------------------------------------XThe People of the State of New York,

Respondent, M-8723M-8725

-against- M-8726Ind. Nos. 1885/15

Joseph Cannon, 4676/16Defendant-Appellant. 702/18

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

Defendant-appellant having moved for an enlargement of timein which to file notices of appeal from three judgments of theSupreme Court, New York County, rendered on or about January 8,2019 (M-8723/Ind No. 1885/15), August 20, 2019 (M-8725/Ind No.4676/16) and August 20, 2019 (M-8726/Ind No. 702/18), for leaveto prosecute the appeals as a poor person upon the originalrecord and a reproduced appellant's brief, and for relatedrelief,


It is ordered that the motions are granted to the extent ofdeeming the moving papers as timely filed notices of appeal andpermitting the appeals 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 anoriginal, five hard copies and, if represented by counsel, onedigital copy of such brief, together with the original record,pursuant to Section 1250.9 of the Practice Rules of the AppellateDivision,

(M-8723/M-8725/M-8726) -2- January 16, 2020


Christina Swarns, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, New York 10007, TelephoneNo. 212-402-4100, is assigned as counsel for defendant-appellantfor purposes of the appeals. The time within which appellantshall perfect the appeals is hereby enlarged until 180 days fromthe date of receipt of the complete record.

ENTERED:

_____________________ CLERK


PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische Angela M. Mazzarelli Troy K. Webber Ellen Gesmer, Justices. ------------------------------------XThe People of the State of New York,

Respondent, Confidential M-8777

-against- Ind. No. 1659/17 Oumar Fofona,

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

Defendant having moved for leave to prosecute, as a poorperson, the appeal taken from a judgment of the Supreme Court,Bronx County, rendered on or about December 13, 2018, for leaveto have the appeal heard upon the original record and areproduced appellant's brief, and for related relief,




(M-8777) -2- January 16, 2020


ENTERED:

_____________________ CLERK

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

BEFORE: Hon. Ellen Gesmer Justice of the Appellate Division

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

-against-

Jonathan Mejia,

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

M-8107 Ind. No. 1666/14

CERTIFICATE DENYING LEAVE

I, Ellen Gesmer, a Justice of the Appellate Division, First

Judicial Department, certify that, upon the application of the

above-named defendant for a certificate pursuant to Criminal

Procedure Law, sections 450.15 and 460.15, 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, Bronx County, entered

on or about July 3, 2019 is denied.

Dated:

ENTERED:

January 16, 2020 New York, New York

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

BEFORE: Hon. Jeffrey K. Oing Justice of the Appellate Division

------------------------------------------X THE PEOPLE OF THE STATE OF NEW YORK,

Respondent-Appellee,

-against-

TODD BRANHAM,

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

M-8139 Ind. No. 2815/04


I, Jeffrey K. Oing, 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, Bronx

::::::.(Clancy, J.), entered on or abou~ 2019, is hereby

Dated: January 3, 2020 New York, New York

ENTERED: -JAN _:f 6 2020

Hon. Jeffrey K. Oing Associat~ Justice

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

BEFORE: Hon. Sallie Manzanet-Daniels Justice of the Appellate Division


-against-

Bismarck Lithgow,

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

M-8343 Ind. No. 1225/13


I, Sallie Manzanet-Daniels, a Justice of the Appellate

Division, First Judicial Department, do hereby certify that, upon






permission to appeal from the order of the Supreme Court,

New York County, entered on or about August 26, 2019, is hereby

denied.

Dated: January 2, 2020 New York, New York

ENTERED: -JAN 3 6 2020

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

BEFORE: Han. Sallie Manzanet-Daniels Justice of the Appellate Division


-against-

Byron Santos,

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

M-8426 Ind. Nos. 4394/13

& 5349/13


I, Sallie Manzanet-Daniels, a Justice of the Appellate

Division, First Judicial Department, do hereby certify that, upon






permission to appeal from the order of the Supreme Court,

New York County, entered on or about November 4, 2019, is hereby

denied.

Dated:

ENTERED:

January 2, 2020 New York, New York

JAN ~i 6 202D

/

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