Appellate TermSecond DepartmentSecond, Eleventhand ThirteenthJudical DistrictsBy: Pesce, P.J., Aliotta, Elliot, JJ.2017-2267 Q CR. THE PEOPLE v. RODRIGUEZ, SHAWN — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered October 19, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion is granted and MARK DIAMOND, ESQ. is assigned as counsel; and it is further,ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.March 6, 20182017-2347 Q C. MENGLE v. TJ AUTO DOCTOR, INC. — Motion by appellants to vacate a decision and order on motion of this court dated January 18, 2018, which granted an unopposed motion by respondents to dismiss an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered June 4, 2015.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that appellants’ motion is granted, this court’s decision and order on motion dated January 18, 2018 is recalled and vacated, respondents’ motion to dismiss the appeal is denied and the appeal shall be perfected by May 4, 2018; and it is further,ORDERED that in the event the appeal is not perfected on or before May 4, 2018, the court, on its own motion, may dismiss the appeal, without further notice, or the respondent may move to dismiss the appeal on three days’ notice, and may serve such application in person.Appellants are advised to settle the record in accordance with CCA 1704.March 5, 2018By: Pesce, P.J.2017-2348 Q CR. THE PEOPLE v. ROBERTSON, NIGEL — Application by defendant, pursuant to CPL 450.15 and 460.15, for a certificate granting leave to appeal to this court from orders of the Criminal Court of the City of New York, Queens County, dated May 31, 2017 and November 3, 2017, respectively, which has been referred to me for determination.Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it isORDERED that the application is denied.March 6, 2018By: Pesce, P.J., Aliotta, Elliot, JJ.2018-25 K CR. THE PEOPLE v. HAZELTON, RUSSELL — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered December 1, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion is granted and the Legal Aid Society is assigned as counsel; and it is further,ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.March 6, 2018Ninth and TenthJudical DisTRICTSBy: Brands, J.P., Marano, Ruderman, JJ.2017-00988 N CR. THE PEOPLE v. LALIC, MEDO — Motion by appellant to enlarge the time to perfect an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered February 3, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion is granted and the appeal shall be perfected within 60 days of the date of this decision and order on motion.March 5, 20182017-01102 S CR. THE PEOPLE v. KATSAROS, TOM — Motion by appellant to enlarge the time to perfect on an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered March 30, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion is granted and the appeal shall be perfected within 60 days of the date of this decision and order on motion.March 5, 2018By: Marano, P.J., Tolbert, Garguilo, JJ.2017-1310 OR CR; 2017-1365 OR CR. THE PEOPLE v. CROMWELL, JAMES — On the court’s own motion, it isORDERED that the above-enumerated appeals from a judgment of conviction of the Justice Court of the Town of Wawayanda, Orange County, rendered June 7, 2017 (appeal No. 2017-1310 OR CR), and from an amended judgment of conviction of that court rendered June 29, 2017 (appeal No. 2017-1365 OR CR) are consolidated under appeal No. 2017-1310 OR CR and deemed fully perfected.March 5, 20182017-1311 OR CR; 2017-1367 OR CR. THE PEOPLE v. MALICK, PRAMILLA — On the court’s own motion, it isORDERED that the above-enumerated appeals from a judgment of conviction of the Justice Court of the Town of Wawayanda, Orange County, rendered June 7, 2017 (appeal No. 2017-1311 OR CR), and from an amended judgment of conviction of that court rendered June 29, 2017 (appeal No. 2017-1367 OR CR) are consolidated under appeal No. 2017-1311 OR CR and deemed fully perfected.March 5, 20182017-1314 OR CR; 2017-1369 OR CR. THE PEOPLE v. SHAW, MADELINE — On the court’s own motion, it isORDERED that the above-enumerated appeals from a judgment of conviction of the Justice Court of the Town of Wawayanda, Orange County, rendered June 7, 2017 (appeal No. 2017-1314 OR CR), and from an amended judgment of conviction of that court rendered June 29, 2017 (appeal No. 2017-1369 OR CR) are consolidated under appeal No. 2017-1314 OR CR and deemed fully perfected.March 5, 20182017-1311 OR CR; 2017-1367 OR CR. THE PEOPLE v. MALICK, PRAMILLA — On the court’s own motion, it isORDERED that the above-enumerated appeals from a judgment of conviction of the Justice Court of the Town of Wawayanda, Orange County, rendered June 7, 2017 (appeal No. 2017-1310 OR CR), and from an amended judgment of conviction of that court rendered June 29, 2017 (appeal No. 2017-1365 OR CR) are consolidated under appeal No. 2017-1310 OR CR and deemed fully perfected.By: Brands, J.P., Marano, Ruderman, JJ.2017-01957 OR CR. THE PEOPLE v. LYSACK, JASON T. — Motion by appellant to compel and to enlarge the time to perfect the appeal on an appeal from an order of the Justice Court of the Village of Walden, Orange County, entered October 27, 2015.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion to enlarge the time to perfect the appeal is granted and the appeal shall be perfected within 60 days of the date of this decision and order on motion, and it is furtherORDERED that the motion to compel is denied as moot, as a return has been filed by the Justice Court.March 5, 2018
