2016-794 K CR. THE PEOPLE v. ALLEN, SHERLAND — Motion by Lynn W. L. Fahey, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered July 27, 2015, in effect, to be relieved as counsel on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated August 16, 2017, appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that he had abandoned the appeal, and the motion by assigned counsel to be relieved was held in abeyance in the interim.Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion by assigned counsel and no papers having been filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,ORDERED that the motion by assigned counsel, in effect, to be relieved is granted.January 22, 20182016-893 K CR. THE PEOPLE v. DOLAN, MARYANN — Motion by Lynn W. L. Fahey, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered March 25, 2016, in effect, to be relieved as counsel on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to her by assigned counsel. By order to show cause dated August 18, 2017, appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that she had abandoned the appeal, and the motion by assigned counsel to be relieved was held in abeyance in the interim.Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion by assigned counsel and no papers having been filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,ORDERED that the motion by assigned counsel, in effect, to be relieved is granted.January 22, 20182017-366 K CR. THE PEOPLE v. KOSOGLIAD, EVGENI — Motion by Martin Goldberg, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered January 19, 2017, in effect, to be relieved as counsel on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that he has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before February 16, 2018; and it is further,ORDERED that the motion by assigned counsel is held in abeyance in the interim; and it is further,ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon appellant at his last known place of residence, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60 (2).January 23, 20182017-850 K C. LAPOINTE v. MENDOZA — Motion by appellant to vacate an order of this court dated November 20, 2017, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 27, 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 order of this court dated November 20, 2017 dismissing the appeal is vacated; and it is further,ORDERED on the court’s own motion the appellant’s time to perfect the appeal is hereby enlarged and the appeal shall be perfected on or before February 23, 2018; and it is further,ORDERED that in the event the appeal is not perfected on or before February 23, 2018, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days’ notice, and may serve such motion in person.By: Elliot, J.P., Pesce, Aliotta, JJ.2017-2055 K CR. THE PEOPLE v. VIJAY, JOSE — 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 September 18, 2017, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the branches of the motion seeking leave to prosecute the appeal as a poor person and the assignment of counsel are granted and Appellate Advocates is assigned as counsel; and it is further,ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and 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.January 22, 20182017-2207 Q C. ESTRADA v. AGWU — Motion by respondent-appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, entered October 18, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED, on the court’s own motion, that the appeal is dismissed, as, pursuant to a stipulation dated November 1, 2017, the parties settled the matter, rendering the appeal moot; and it is further,ORDERED that respondent-appellant’s motion is denied as academic.January 23, 20182017-2296 K CR. THE PEOPLE v. IWASZEK, DAWID — 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 November 2, 2017, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the branches of the motion seeking leave to prosecute the appeal as a poor person and the assignment of counsel are granted and Appellate Advocates is assigned as counsel; and it is further,ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and 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.January 22, 20182017-2310 Q C. RODRIGUEZ v. AGWU — Motion by respondent-appellant for a stay pending the determination of appeal from an order of the Civil Court of the City of New York, Queens County, entered October 18, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED, on the court’s own motion, that the appeal is dismissed, as, pursuant to a stipulation dated November 1, 2017, the parties settled the matter, rendering the appeal moot; and it is further,ORDERED that respondent-appellant’s motion is denied as academic.January 23, 2018Ninth and TenthJudical DisTRICTSBy: Marano, P.J., Tolbert, Garguilo, JJ.2017-2433 N CR. THE PEOPLE v. JOLIVERT, DANIELLE — Motion by appellant on an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered November 30, 2017, for the assignment of counsel. By order dated November 30, 2017, the District Court of Nassau County, First District, granted an application pursuant to CPL 380.55 for leave to prosecute the appeal as a poor person.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the order dated November 30, 2017, it isORDERED that, pursuant to County Law §722, the following named attorney is assigned as counsel to prosecute the appeal:N. Scott Banks, Esq.,Legal Aid Society of Nassau County40 Main Street, 3rd FloorHempstead, New York 11550and 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.January 22, 2018
