Appellate Division Second Department Motion List released on: February 1, 2018 By Balkin, J.P.; Chambers, Maltese and Duffy, JJ.

MATTER of Exclusive Ambulette Service, Inc., ap, v. New York State Department of Health res — Motion by the respondents to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, entered April 14, 2016. Separate motion by the respondents to dismiss the appeal on the ground that no appeal lies from a decision.Upon the papers filed in support of the motion to enlarge the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion to dismiss the appeal and the papers filed in opposition thereto, it isORDERED that the motion to enlarge the time to serve and file a brief is granted, the respondents’ time to serve and file a brief is enlarged until February 23, 2018, and the respondents’ brief shall be served and filed on or before that date; and it is further,ORDERED that the motion to dismiss the appeal is denied.BALKIN, J.P., CHAMBERS, MALTESE and DUFFY, JJ., concur.MATTER of Witold Moroz, res, v. City of New York ap — Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated March 9, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that application is granted, the appellants’ time to serve and file a reply brief is enlarged until February 16, 2018 and the reply brief shall be served and filed on or before that date.By Mastro, J.P.; Rivera, Dillon, Balkin and Leventhal, JJ.MATTER of Ryan Saraco, admitted as Ryan Ronald Saraco, and attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Ryan Saraco, res — (Attorney Registration No. 4404141) — Motion by the Grievance Committee for the Tenth Judicial District (1) pursuant to Judiciary Law §90(4)(f) and 22 NYCRR 1240.12(b)(2) and (c)(2)(ii) to suspend the respondent from the practice of law based on his conviction, upon his plea of guilty, on June 5, 2017, in the United States District Court for the Eastern District of New York, of Department of Housing and Urban Development transactions – fraud, in violation of 18 USC 1012, which is a serious crime, and (2) pursuant to 22 NYCRR 1240.12(c)(2)(i) to direct the respondent to show cause why a final order of discipline should not be made. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 20, 2006, under the name Ryan Ronald Saraco.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the respondent, Ryan Saraco, admitted as Ryan Ronald Saraco, is immediately suspended from the practice of law in the State of New York, pursuant to Judiciary Law §90(4)(f) and 22 NYCRR 1240.12(c)(2)(ii), as a result of his conviction of a serious crime, continuing until further order of this Court; and it is further,ORDERED that the respondent, Ryan Saraco, admitted as Ryan Ronald Saraco, shall promptly comply with this Court’s rules governing the conduct of disbarred or suspended attorneys (see 22 NYCRR 1240.15); and it is further,ORDERED that pursuant to Judiciary Law §90, during the period of suspension and until further order of this Court, the respondent, Ryan Saraco, admitted as Ryan Ronald Saraco, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,ORDERED that if the respondent, Ryan Saraco, admitted as Ryan Ronald Saraco, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency, and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 1240.15(f); and it is further,ORDERED that pursuant to 22 NYCRR 1240.12(c)(2)(i), the respondent, Ryan Saraco, admitted as Ryan Ronald Saraco, is directed to show cause why a final order of suspension, censure, or disbarment should not be made based on his conviction of a serious crime, as defined by Judiciary Law §90(4), by filing an affidavit with the Clerk of this Court, with proof of service upon the Grievance Committee for the Tenth Judicial District, on or before March 5, 2018.MASTRO, J.P., RIVERA, DILLON, BALKIN and LEVENTHAL, JJ., concur.By Mastro, J.P.; Rivera, Dillon, Balkin and Leventhal, JJ.MATTER of John R. Hibner, a suspended attorney. (Attorney Registration No. 1142629) — Motion by John R. Hibner for reinstatement to the Bar as an attorney and counselor-at-law. Mr. Hibner was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 15, 1978. By decision and order on application of this Court dated December 28, 2007, the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against Mr. Hibner, and the issues raised were referred to the Honorable Joseph A. Esquirol, Jr., as Special Referee, to hear and report. By opinion and order of this Court dated March 23, 2010, Mr. Hibner was suspended from the practice of law for a period of four years based on nine charges of professional misconduct. By decision and order on motion of this Court dated November 13, 2014, Mr. Hibner’s first motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on his current character and general fitness to practice law. By decision and order on motion of this Court dated June 9, 2016, Mr. Hibner’s first motion for reinstatement was denied.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it isORDERED that the motion is denied.We find that John R. Hibner does not demonstrate the requisite character and fitness to practice law.MASTRO, J.P., RIVERA, DILLON, BALKIN and LEVENTHAL, JJ., concur.By Mastro, J.P.; Rivera, Dillon, Balkin and Chambers, JJ.MATTER of Anthony C. Donofrio, a suspended attorney. (Attorney Registration No. 2386456) — Motion by Anthony C. Donofrio for reinstatement to the Bar as an attorney and counselor-at-law, and to waive the MPRE requirement under 22 NYCRR 1240.16(b). Mr. Donofrio was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 5, 1990. By order of the Appellate Division of the Supreme Court in the First Judicial Department, dated July 24, 1997, Mr. Donofrio was suspended from the practice of law for a period of one year (see Matter of Donofrio, 231 AD2d 365). Mr. Donofrio was reinstated on October 27, 1998. By decision and order on motion of this Court dated May 12, 2010, inter alia, the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against Mr. Donofrio based upon a verified petition dated February 3, 2010, and the issues raised were referred to the Honorable Arthur J. Cooperman, as Special Referee, to hear and report. By decision and order on motion of this Court dated June 27, 2011, Mr. Donofrio’s motion to stay the disciplinary proceeding against him and allow a diversion of the proceeding pursuant to former 22 NYCRR 691.4(m), permitting him to complete a monitoring program sponsored by a lawyers’ assistance program and approved by the Court was denied. By opinion and order of this Court dated January 9, 2013, Mr. Donofrio was suspended from the practice of law for a period of two years, commencing February 8, 2013. By decision and order on motion of this Court dated March 22, 2013, the effective date of Mr. Donofrio’s suspension was extended until April 22, 2013, to allow him to wind down his practice. By decision and order on motion of this Court dated May 22, 2013, his second request for a stay of his suspension, pending determination of his Court of Appeals, was denied as academic in the light of the dismissal of that appeal. However, the effective date of suspension was extended until May 23, 2013. A third request for a stay was denied by decision and order on motion of this Court dated June 18, 2013. By decision and order on motion of this Court dated July 26, 2016, Mr. Donofrio’s first motion for reinstatement was denied.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the branch of the motion which is for reinstatement is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on Anthony C. Donofrio’s character and fitness to practice law; and it is further,ORDERED that the branch of the motion which is to waive the MPRE requirement under 22 NYCRR 1240.16(b) is denied as academic.MASTRO, J.P., RIVERA, DILLON, BALKIN and CHAMBERS, JJ., concur.By Mastro, J.P.; Dillon, Leventhal, Chambers and Priscilla Hall, JJ.MATTER of Alvin Pasternak, a disbarred attorney. (Attorney Registration No. 1726330) — Motion by Alvin Pasternak for reinstatement to the Bar as an attorney and counselor-at-law. Mr. Pasternak was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 6, 1981. By decision and order on motion of this Court dated March 26, 2010, inter alia, Mr. Pasternak was immediately suspended from the practice of law upon his conviction of a serious crime pursuant to Judiciary Law §90(4)(f). By opinion and order of this Court dated December 17, 2010, Mr. Pasternak was disbarred based on his conviction of a federal felony, effective July 26, 2010, and his name was stricken from the roll of attorneys and counselors-at-law.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion for reinstatement is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on Alvin Pasternak’s character and fitness to practice law.MASTRO, J.P., DILLON, LEVENTHAL, CHAMBERS and HALL, JJ., concur.By Mastro, J.P.; Dillon, Leventhal, Chambers and Iannacci, JJ.MATTER of Ashley Beth Slobodkin, an attorney and counselor-at-law. (Attorney Registration No. 4788915) — Application by Ashley Beth Slobodkin, who was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 27, 2010, to change her name on the roll of attorneys and counselors-at-law to Ashley Beth Freiman.Upon the papers filed in support of the application, it isORDERED that the application is granted; and it is further,ORDERED that the Clerk of the Court shall change the applicant’s name on the roll of attorneys and counselors-at-law from Ashley Beth Slobodkin to Ashley Beth Freiman, effective immediately.MASTRO, J.P., DILLON, LEVENTHAL, CHAMBERS and IANNACCI, JJ., concur.By Rivera, J.P.; Duffy, Barros and Iannacci, JJ.PEOPLE, etc., res, v. Melvin Aquino, ap — (S.C.I. No. 1087/16) — Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered May 4, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appellant’s moving papers are deemed to constitute a timely notice of appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Seymour W. James, Jr., Esq.The Legal Aid Society199 Water Street – 5th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.RIVERA, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.By Rivera, J.P.; Duffy, Barros and Iannacci, JJ.PEOPLE, etc., res, v. Melvin Aquino, ap — (S.C.I. No. 1088/16) — Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered May 4, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appellant’s moving papers are deemed to constitute a timely notice of appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Seymour W. James, Jr., Esq.The Legal Aid Society199 Water Street – 5th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.RIVERA, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.By Rivera, J.P.; Duffy, Barros and Iannacci, JJ.PEOPLE, etc., res, v. Melvin Aquino, ap — (S.C.I. No. 640/17) — Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered May 4, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appellant’s moving papers are deemed to constitute a timely notice of appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Seymour W. James, Jr., Esq.The Legal Aid Society199 Water Street – 5th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.RIVERA, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.By Rivera, J.P.; Miller, Nelson and Iannacci, JJ.PEOPLE, etc., res, v. Jennifer Ulanov, ap — Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered March 2, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appellant’s moving papers are deemed to constitute a timely notice of appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Seymour W. James, Jr., Esq.The Legal Aid Society199 Water Street – 5th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.RIVERA, J.P., MILLER, BRATHWAITE NELSON and IANNACCI, JJ., concur.By Mastro, J.P.; Dillon, Leventhal, Chambers and Priscilla Hall, JJ.MATTER of Keisha Dixon, admitted as Keisha Natasha Dixon, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Keisha Dixon, res — (Attorney Registration No. 4080826) — Renewed motion by the Grievance Committee for the Ninth Judicial District (1) to immediately suspend the respondent from the practice of law, pursuant to 22 NYCRR 1240.9(a)(3) and (5), upon a finding that she is guilty of professional misconduct immediately threatening the public interest based upon her failure to comply with the lawful demands of the Grievance Committee and other uncontroverted evidence of professional misconduct; (2) to provide notice to the respondent, pursuant to 22 NYCRR 1240.9(b), that she may be disbarred by the Court without further notice in the event that she fails to respond to or appear for further investigatory or disciplinary proceedings within six months; and (3) to refer the issues raised to a Special Referee, to hear and report. Separate motion by the Grievance Committee for the Ninth Judicial District to deem as established the charges of professional misconduct set forth in a verified petition dated June 7, 2017, based upon the respondent’s default in filing an answer and to impose such discipline upon the respondent as the Court may deem appropriate. Application by the respondent for leave to serve and file a late answer. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 18, 2002, under the name Keisha Natasha Dixon.Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the renewed motion to immediately suspend the respondent, Keisha Dixon, admitted as Keisha Natasha Dixon, from the practice of law, to provide notice to the respondent, pursuant to 22 NYCRR 1240.9(b), that she may be disbarred, and to refer the issues raised to a Special Referee, to hear and report is granted; and it is further,ORDERED that pursuant to 22 NYCRR 1240.9(a)(5), the respondent, Keisha Dixon, admitted as Keisha Natasha Dixon, is immediately suspended from the practice of law in the State of New York, pending further order of the Court; and it is further,ORDERED that the respondent, Keisha Dixon, admitted as Keisha Natasha Dixon, shall promptly comply with this Court’s rules governing the conduct of disbarred or suspended attorneys (see 22 NYCRR 1240.15); and it is further,ORDERED that pursuant to Judiciary Law §90, during the period of suspension and until further order of this Court, the respondent, Keisha Dixon, admitted as Keisha Natasha Dixon, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding herself out in any way as an attorney and counselor-at-law; and it is further,ORDERED that if the respondent, Keisha Dixon, admitted as Keisha Natasha Dixon, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in her affidavit of compliance pursuant to 22 NYCRR 1240.15(f); and it is further,ORDERED that the issues raised are referred to the Hon. Alfred J. Weiner, c/o Mandel Katz & Brosnan LLP, 210 Route 303, Valley Cottage, NY 10989, as Special Referee, to hear and report, with the hearing to be completed within 60 days of the date of this decision and order on motion, or as soon as practicable, and to submit a report, which contains his findings on the issues and charges, within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda; and it is further,ORDERED that pursuant to 22 NYCRR 1240.9(b), in the event the respondent, Keisha Dixon, admitted as Keisha Natasha Dixon, fails to respond to or appear for further investigatory or disciplinary proceedings within six months of this decision and order on motion, she may be disbarred by the Court without further notice; and it is furtherORDERED that the motion to deem as established the charges contained in the verified petition dated June 7, 2017, based upon the respondent’s default in filing an answer and to impose such discipline upon the respondent as the Court may deem appropriate is denied; and it is further,ORDERED that the application is granted, and the respondent shall serve an answer to the verified petition dated June 7, 2017, upon the Grievance Committee and the Special Referee, and file the original answer with this Court within 10 days after service of a copy of this decision and order on motion upon her; and it is further,ORDERED that within 10 days after receipt of a copy of this decision and order on motion, the Grievance Committee shall serve a copy of this decision and order on motion upon the respondent and shall file proof of service with this Court.We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based on the uncontroverted evidence that she misappropriated down payment funds entrusted to her as a fiduciary.On October 26, 2015, the Grievance Committee for the Ninth Judicial District received a complaint of professional conduct against the respondent from Yaakov Scharman. According to the complaint, in January 2014, Scharman’s company contracted with the respondent’s client to purchase her interest in real property located in Brooklyn, New York. The respondent received a down payment check in the sum $38,500 for the transaction. Scharman stated that the property was sold to another party on September 21, 2015, and, notwithstanding his attorney’s repeated requests, the respondent failed to return the down payment.On or about December 18, 2015, the respondent submitted a written answer to Scharman’s grievance complaint, together with a portion of her file. Among other things, the respondent advised that she was willing to release the down payment funds to the Grievance Committee, but she would not return the funds to Scharman.During the investigation of the Scharman complaint, the Grievance Committee received bank records from Wells Fargo Bank, pursuant to subpoena, for the respondent’s attorney IOLA account, entitled “DixonLawPC, NY IOLA Attorney Special Account,” account no. ending in 9789 (hereinafter the IOLA account), for the period from January 1, 2014, through November 30, 2015. The Grievance Committee prepared a financial analysis report of the respondent’s IOLA account based upon the records received from Wells Fargo Bank, which was forwarded to the respondent by letter dated January 18, 2017, in advance of a scheduled examination under oath.On January 26, 2017, the respondent appeared at the Grievance Committee’s office and was granted an adjournment to secure counsel. On the adjourned date, February 2, 2017, the respondent appeared, and again requested and received another adjournment to retain counsel. By letter dated March 6, 2017, the respondent, through counsel, advised the Grievance Committee that the respondent intended to invoke her Fifth Amendment privilege against self-incrimination at the examination under oath scheduled for March 8, 2017.Annexed to the motion, inter alia, to immediately suspend the respondent are copies of the IOLA account records received from Wells Fargo Bank pursuant to subpoena, for the period from January 1, 2014, through November 30, 2015. The bank records confirm that the $38,500 down payment check was deposited into the respondent’s IOLA account on January 30, 2014. The records further reveal that the respondent made numerous online transfers from the IOLA account during this period to three other bank accounts: Dixon Law PC Small Business Checking, account no. ending in 5740, Dixon K Way2Save Checking, account no. ending 2608, and Dixonlaw PC Business Checking, account no. ending in 0332. These transfers and other withdrawals depleted the balance in the IOLA account below $38,500 on April 16, 2014. Thereafter, the balance in the IOLA account remained below $38,500, and by November 2, 2015, the balance in the trust account was zero.Based on the foregoing, the respondent is immediately suspended from the practice of law pursuant to 22 NYCRR 1240.9(a)(5), pending further order of this Court, the Grievance Committee shall serve a copy of this decision and order on motion upon the respondent, the respondent is directed to serve an answer to the verified petition on the Grievance Committee and the Special Referee, and file the original answer with this Court within 10 days after service of this decision and order on motion upon her, and the matter is referred to a Special Referee, to hear and report.MASTRO, J.P., DILLON, LEVENTHAL, CHAMBERS and HALL, JJ., concur.By Balkin, J.P.; Chambers, Miller and Hinds-Radix, JJ.Century Surety Company, ap, v. All In One Roofing, LLC, def, Zdeno Jadron res — Motion by the appellant for leave to reargue appeals from an order of the Supreme Court, Westchester County, dated December 10, 2015, and two judgments of the same court dated December 10, 2015, and February 9, 2016, respectively, which were determined by decision and order of this Court dated October 18, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.BALKIN, J.P., CHAMBERS, MILLER and HINDS-RADIX, JJ., concur.By Balkin, J.P.; Chambers, Miller and Hinds-Radix, JJ.Century Surety Company, ap, v. All in One Roofing, LLC, def, Zdeno Jadron res — Motion by the appellant for leave to reargue an appeal from an amended order of the Supreme Court, Westchester County, entered December 23, 2013, which was determined by decision and order of this Court dated October 18, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.BALKIN, J.P., CHAMBERS, MILLER and HINDS-RADIX, JJ., concur.By Dillon, J.P.; Cohen, Duffy and Connolly, JJ.MATTER of Mark Marszalek, ap, v. Tina Stanford, etc., res — Motion by the appellant for leave to reargue an appeal from an order and judgment (one paper) of the Supreme Court, Putnam County, entered March 22, 2016, which was determined by decision and order of this Court dated July 26, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.DILLON, J.P., COHEN, DUFFY and CONNOLLY, JJ., concur.By Leventhal, J.P.; Cohen, Maltese and Barros, JJ.PEOPLE, etc., res, v. Antoine Smiley, ap — Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered June 2, 2016, and to be furnished with copies of the typewritten transcripts of the proceedings, if any.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the District Attorney shall file the transcripts of the proceedings, if any, and the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further,ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.Upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed.LEVENTHAL, J.P., COHEN, MALTESE and BARROS, JJ., concur.By Balkin, J.P.; Austin, Roman and Sgroi, JJ.PEOPLE, etc., res, v. Andrew Fields, ap — Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered July 21, 2015, and to be furnished with copies of the typewritten transcripts of the proceedings, if any.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the District Attorney shall file the transcripts of the proceedings, if any, and the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further,ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.Upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed.BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.By Leventhal, J.P.; Chambers, Miller and Duffy, JJ.PEOPLE, etc., res, v. Sherman E. Brown, ap — Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from two judgments of the County Court, Orange County, both rendered January 3, 2017, and to be furnished with copies of the typewritten transcripts of the proceedings, if any.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the District Attorney shall file the transcripts of the proceedings, if any, and the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further,ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.Upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed.LEVENTHAL, J.P., CHAMBERS, MILLER and DUFFY, JJ., concur.MATTER of Gregg Allen Thompson, ap, v. Christine Nelson, res — Appeal by Gregg Allen Thompson from an order of the Family Court, Nassau County, dated September 19, 2017. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this  ; and it is further,ORDERED that within 30 days after the date of this  , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this  , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.By Mastro, J.P.; Balkin, Cohen and Duffy, JJ.Sheila Bottini, ap, v. Anthony R. Bottini, Jr., res — Motion by the respondent to strike stated portions of the appellant’s appendix and the appellant’s brief on an appeal from a judgment of the Supreme Court, Dutchess County, dated December 23, 2016, on the ground that they contain or refer to matter dehors the record. Separate motion by the appellant, inter alia, to strike the respondent’s motion on the ground that the respondent improperly raised issues in a reply affirmation in support of the motion and to impose a sanction upon the respondent.Upon the papers filed in support of the motions and the papers filed in opposition thereto, it isORDERED that the motions are denied.MASTRO, J.P., BALKIN, COHEN and DUFFY, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Justine Gumma, ap, v. James Lennard, res — (Proceeding No. 1)MATTER of James Lennard, res, v. Justine Gumma, ap — (Proceeding No. 2) 16D) — Appeal by Justine Gumma from an order of the Family Court, Nassau County, dated August 2, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the child to serve and file a brief on the appeal is enlarged until March 1, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Norma Parra, res, v. Victor Ponce, ap — Appeal by Victor Ponce from an order of the Family Court, Queens County, dated November 29, 2017. By decision and order on certification of this Court dated January 11, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Warren S. Hecht, Esq.118-21 Queens Blvd., Suite 518Forest Hills, NY 11375718-575-8721By letter dated January 29, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this  ; and it is further,ORDERED that within 30 days after the date of this  , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcripts has not been received, an affidavit or affirmation stating that the order on certification of this Court dated January 11, 2018, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this  , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of James Reiher, ap, v. Joan G. Reiher, res — Appeal by James Reiher from an order of the Family Court, Suffolk County, dated May 23, 2017. By   dated August 28, 2017, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the  :(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or(4) an affidavit or an affirmation withdrawing the appeal.The appellant has failed to comply with the  . Pursuant to §670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]), it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the   dated August 28, 2017, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before February 23, 2018; and it is further,ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.MATTER of Mini Dhingra, res, v. Ajay Puri, ap — Appeal by Ajay Puri from an order of the Family Court, Westchester County, dated June 15, 2017. By   dated November 28, 2017, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the  :(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or(4) an affidavit or an affirmation withdrawing the appeal.The appellant has failed to comply with the  . Pursuant to §670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]), it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the   dated November 28, 2017, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before February 23, 2018; and it is further,ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Wesley LeJuan Harris, ap, v. Royisha Schnell Knowles Bryant, res — Appeal by Wesley LeJuan Harris from an order of the Family Court, Suffolk County, dated November 8, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Jose F. Canosa, Esq., dated January 25, 2018, it isORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:Glenn Gucciardo, Esq.256 Main Street, Suite 206Northport, NY 11768631-262-6911and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this court, and on or before February 15, 2018, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either(1) the appellant is interested in prosecuting the appeal, or(2) the appellant is not interested in prosecuting the appeal, or that he has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any   or orders issued pursuant to §670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Victoria B. (Anonymous). Westchester County Department of Social Services, petitioner-res, Jonathan M. (Anonymous), res-ap, et al., res — Appeal by Jonathan M. from an order of the Family Court, Westchester County, dated August 30, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until February 28, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Serenity R. (Anonymous), etc. Sheltering Arms Children and Family Services, petitioner-res, Destiny R. (Anonymous), res-res — Appeal by Destiny R. from an order of the Family Court, Queens County, dated December 11, 2017.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Julie Sue Berg, res, v. Michael Alan Berg, ap — Appeal by Michael Alan Berg from an order of the Family Court, Nassau County, dated November 1, 2016. The appellant’s brief was filed in the office of the Clerk of this Court on January 26, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this order, the brief for the respondent in the above-entitled appeal shall be served and filed.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Carlotta Brett-Pierce, ap — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court, dated March 28, 2017, which granted the appellant’s motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 6, 2012, is recalled and vacated; and it is further,ORDERED that the appellant’s motion for leave to serve and file a supplemental pro se brief is denied.The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Latasha Beauford Simmons, pet-res, v. John Aaron Ford, respondent-res, Malachi S. (Anonymous), nonparty-ap — Appeal by Malachi S. from an order of the Family Court, Kings County, dated April 17, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent-respondent to serve and file a brief on the appeal is enlarged until February 26, 2018.MATTER of June Buntele, ap, v. Village of Wappingers Falls, New York, et al., res — Application by the appellant to withdraw an appeal from an order and judgment of the Supreme Court, Dutchess County, dated January 2, 2018.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.John Longman, res, v. Kathleen Longman, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 16, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.MATTER of Ellen A. Young, res, v. Bryce J. Young, ap — Appeal by Bryce J. Young from an order of the Family Court, Westchester County, dated March 1, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the appellant to serve and file a reply brief on the appeal is enlarged, and the brief submitted to the Clerk of this Court is accepted for filing and deemed timely served.MATTER of Erika G. A. (Anonymous), a/k/a Erika A. (Anonymous). SCO Family of Services, petitioner-res, Anthony J. F. (Anonymous), a/k/a Anthony F., respondent-appellant res — Appeal by Anthony J. F., a/k/a Anthony F., from an order of the Family Court, Queens County, dated April 12, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on January 26, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this order, the briefs for the respondent and the attorney for the child in the above-entitled appeal shall be served and filed.By Rivera, J.P.; Duffy, Barros and Iannacci, JJ.PEOPLE, etc., res, v. Timothy Griffin, ap — (S.C.I. Nos. 15-00501S, 14-01294S) — Renewed motion by the appellant pro se for leave to prosecute appeals from two judgments of the Supreme Court, Westchester County, both rendered September 8, 2015, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeals, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeals:Clement S. Patti, Jr., Esq.470 Mamaroneck Avenue, Suite 302White Plains, NY 10605and it is further,ORDERED that the appellant’s time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.RIVERA, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.MATTER of Thomas A. Ledbetter, res, v. Woodlyne Singer, ap — V-4865-15) — Appeal by Woodlyne Singer from an order of the Family Court, Kings County, dated August 10, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the children to serve and file a brief on the appeal is enlarged until February 28, 2018.MATTER of Jordan R. (Anonymous). Orange County Department of Social Services, petitioner-res, Yon R.-W. (Anonymous), respondent-appellant res — (Proceeding No. 1)MATTER of Grant R. (Anonymous). Orange County Department of Social Services, petitioner-res, Yon R.-W. (Anonymous), respondent-appellant res — (Proceeding No. 2) — Appeals by Yon R.-W. from two orders of the Family Court, Orange County, dated March 9, 2017, and June 22, 2017, respectively. The appellant’s brief was filed in the office of the Clerk of this Court on January 26, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this order, the briefs for the petitioner-respondent and the attorney for the children in the above-entitled appeals shall be served and filed.MATTER of Jeffrey J. P. (Anonymous), Jr. Administration for Childrens Services, petitioner- res, Anna A. (Anonymous), respondent- ap — (Proceeding No. 1)MATTER of Anthony M. (Anonymous), Jr. Administration for Childrens Services, petitioner- res, Anna A. (Anonymous), respondent- ap — (Proceeding No. 2) — Appeal by Anna A. from an order of the Family Court, Queens County, dated October 25, 2016. The appellant’s brief was filed in the office of the Clerk of this Court on January 26, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this order, the briefs for the petitioner-respondent and the attorney for the children in the above-entitled appeal shall be served and filed.MATTER of Jamiah C. (Anonymous). Westchester County Department of Social Services, petitioner-res, Victoria O. (Anonymous), res-ap, et al., res — (Proceeding No. 1)MATTER of Donyea C. (Anonymous). Westchester County Department of Social Services, petitioner-res, Victoria O. (Anonymous), res-ap, et al., res — (Proceeding No. 2) N-1637-13, N-1638-13) — Appeals by Victoria O. from two orders of the Family Court, Westchester County, dated May 15, 2013, and August 23, 2016, respectively. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the petitioner-respondent to serve and file a brief on the appeals is enlarged until March 5, 2018.By Scheinkman, P.J.; Dillon, Hinds-Radix and Christopher, JJ.PEOPLE, etc., res, v. Randolph Ardila, ap — Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered May 20, 2015, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth the amount and source of counsel fees paid to retained counsel.SCHEINKMAN, P.J., DILLON, HINDS-RADIX and CHRISTOPHER, JJ., concur.MATTER of Frances Bishop, res, v. Cleland Stanton, ap — Appeal by Cleland Stanton from an order of the Family Court, Kings County, dated January 9, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until March 2, 2018.By Scheinkman, P.J.; Dillon, Hinds-Radix and Christopher, JJ.PEOPLE, etc., res, v. Peter Lovaglio, ap — Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Richmond County, rendered March 16, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Paul Skip Laisure, Esq.Appellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., DILLON, HINDS-RADIX and CHRISTOPHER, JJ., concur.By Miller, Nelson and Iannacci, JJ.PEOPLE, etc., res, v. Horace Cummings, ap — Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered May 5, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Joseph A. Hanshe, Esq.116 Greene AveSayville, NY 11782-2723and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.RIVERA, J.P., MILLER, BRATHWAITE NELSON and IANNACCI, JJ., concur.By Chambers, J.P.; Hall, Hinds-Radix and Maltese, JJ.PROF-2013-S3 Legal Title Trust, res, v. Evan Santo, etc. appellants def — Motion by the appellants to stay all proceedings in the above-entitled action and to stay the sole of the subject premises pending hearing and determination of appeals from an order of the Supreme Court, Suffolk County, dated July 3, 2017, and a judgment of the same Court entered October 23, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.By Roman, J.P.; Sgroi, Connolly and Christopher, JJ.Andrea Gamble, res, v. Douglas Gamble, ap — Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated January 2, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.ROMAN, J.P., SGROI, CONNOLLY and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Hinds-Radix, Duffy and Lasalle, JJ.MATTER of Robert Aiello, res, v. Chantelle Chaffatt, ap — Appeals by Chantelle Chaffatt from two orders of the Family Court, Kings County, dated August 15, 2017, and August 16, 2017, respectively. By order to show cause dated November 3, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding on the ground that no appeal lies from an order entered upon the default of the appealing party.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeals is granted to the extent that the appeals are dismissed, without costs or disbursements, except for the portions of the orders which bring up for review the denial of the application to appear telephonically (see CPLR 5511; James v. Powell, 19 NY2d 249, 256 n.3); and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeals from the portions of the orders which bring up for review the denial of the application to appear telephonically in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings which occurred in the Family Court concerning that issue, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this  ; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this  , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeals; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this  , the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.CHAMBERS, J.P., HINDS-RADIX, DUFFY and LASALLE, JJ., concur.By Chambers, J.P.; Hinds-Radix, Duffy and Lasalle, JJ.MATTER of Robert Aiello, res, v. Chantelle Chaffatt, ap — O-14267-15/17D, O-14267-15/17C, O-14267-15/17B) — Appeals by Chantelle Chaffatt from two orders of the Family Court, Kings County, both dated September 11, 2017. By order to show cause dated November 30, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings on the ground that no appeal lies from an order entered upon the default of the appealing party.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeals is granted, and the appeals are dismissed, without costs or disbursements (see CPLR 5511).CHAMBERS, J.P., HINDS-RADIX, DUFFY and LASALLE, JJ., concur.By Roman, J.P.; Sgroi, Connolly and Christopher, JJ.Benoj David, plf-ap, v. Jorge Byron defendants; Finkelstein & Partners, LLP, nonparty-res, Flomenhaft Law Firm, PLLC, nonparty-ap — Motion by the nonparty-appellant on appeals from an order of the Supreme Court, Rockland County, dated December 19, 2017, to stay enforcement of a certain judgment entered in the above-entitled action, pending hearing and determination of the appeals from the order.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.ROMAN, J.P., SGROI, CONNOLLY and CHRISTOPHER, JJ., concur.MATTER of Donna Lee Beanland Trust. Gilbert B. Berland, objectant-appellant; Beryls S. Karpowitz-Mullane, pet-res — (File No. 607/09) — Application by the objectant-appellant to withdraw an appeal from an order of the Surrogate’s Court, Suffolk County, dated June 23, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Synia Hassas-Druses, ap, v. Maryse Crevecoeur, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 9, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Andrew McFarlene, res, v. Steven Smith, appellant def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 2, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Priscilla Hall, J.P.; Hinds-Radix, Maltese and Iannacci, JJ.MATTER of Christopher Basile, ap, v. Sherry Wiggs, res — Motion by the appellant for leave to reargue an appeal from an order of the Family Court, Westchester County, dated September 20, 2016, which was determined by decision and order of this Court dated December 6, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.HALL, J.P., HINDS-RADIX, MALTESE and IANNACCI, JJ., concur.By Rivera, J.P.; Miller, Nelson and Iannacci, JJ.PEOPLE, etc., res, v. Jermaine D. Ringler, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered September 13, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Thomas N. N. Angell, Esq.Public Defender22 Market StreetPoughkeepsie, NY 12601and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.RIVERA, J.P., MILLER, BRATHWAITE NELSON and IANNACCI, JJ., concur.By Leventhal, J.P.; Cohen, Maltese and Barros, JJ.PEOPLE, res, v. Dakota Robinson, ap — and to Assign Counsel — Motion by the appellant for leave to prosecute an appeal from an order of the County Court, Dutchess County, dated September 29, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law 168-n (3), his status as a poor person and the representation by counsel assigned by the County Court, Dutchess County, continues on appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing held in connection with the order dated September 29, 2017, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant’s counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; 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 prepared in connection with or considered by the trial court in connection with the appellant’s risk level determination, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that the filing fee is waived (see CPLR 1102[d]); and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.LEVENTHAL, J.P., COHEN, MALTESE and BARROS, JJ., concur.By Balkin, J.P.; Austin, Roman and Sgroi, JJ.PEOPLE, res, v. Raughn R. Sandy, ap — Motion by the appellant for leave to prosecute an appeal from an order        of the County Court, Dutchess County, dated October 3, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing held in connection with the order dated October 3, 2017, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant’s counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that the branch of the motion which is to assign counsel is granted and pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute theappeal:John A. Cirando, Esq.101 South Salina Street, Suite 1010Syracuse, New York 13202and 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 prepared in connection with or considered by the trial court in connection with the appellant’s risk level determination, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that the filing fee is waived (see CPLR 1102[d]); and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.By Leventhal, J.P.; Cohen, Maltese and Barros, JJ.PEOPLE, res, v. Robert Simmons, ap — Motion by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from an order of the County Court, Suffolk County, dated October 26, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that of the branch of the motion which is pursuant to CPL 460.30 for an extension of time to take an appeal is denied as CPL 460.30 does not apply to this appeal (see Corrections Law 168-n[3]) and the papers filed in connection with the motion do not reflect that the notice of appeal was untimely (see CPLR 5513); and it is further,ORDERED that of the branches of the motion which are for leave to prosecute the appeal as a poor person, and for the assignment of counsel are denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law 168-n (3), his status as a poor person and the representation by counsel assigned by the County Court, Suffolk County, continues on appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing held in connection with the order dated October 26, 2017, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant’s counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; 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 prepared in connection with or considered by the trial court in connection with the appellant’s risk level determination, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that the filing fee is waived (see CPLR 1102[d]); and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.LEVENTHAL, J.P., COHEN, MALTESE and BARROS, JJ., concur.By Balkin, J.P.; Austin, Roman and Sgroi, JJ.PEOPLE, res, v. David Greer, ap — Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated August 9, 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 or in relation thereto, it isORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing held in connection with the order dated August 9, 2017, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant’s counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that the branch of the motion which is to assign counsel is granted and pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute theappeal:Paul Skip Laisure, Esq.Appellate Advocates111 John Street – 9th FloorNew York, New York 10038and 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 prepared in connection with or considered by the trial court in connection with the appellant’s risk level determination, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that the filing fee is waived (see CPLR 1102[d]); and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.By Scheinkman, P.J.; Dillon, Hinds-Radix and Christopher, JJ.PEOPLE, etc., res, v. Perry William, ap — Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 1, 2016, and for assignment of new counsel. The appellant’s motion to dispense with printing and for the assignment of counsel was granted on May 17, 2017, and the following named attorney was assigned to prosecute the appeal:Lynn W. L. Fahey, Esq.Appellate Advocates111 John Street – 9th FloorNew York, New York 10038Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted; previously assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned to prosecute the appeal:Seymour W. James, Jr., Esq.The Legal Aid Society199 Water Street – 5th FloorNew York, New York 10038