2016-1659 RI C. HILL v. HYLAN ASSOCIATES, LLCA — Motion by appellant to enlarge the time to perfect an appeal from an order of the Civil Court of the City of New York, Richmond County, entered April 13, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.The appeal was dismissed by Order of Dismissal dated January 23, 2017, and appellant’s motion to vacate the dismissal was denied by Decision & Order on Motion dated July 13, 2017.November 27, 20172017-1161 K C. KLENFNER v. SHAHID — Motion by appellant Abdus Shahid for leave to appeal to the Appellate Division from a decision and order on motion of this court dated August 17, 2017, which denied appellant’s motion, in effect, for summary reversal of an order of the Civil Court of the City of New York, Kings County, entered May 2, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.November 27, 20172017-1420 K C. 156 NASSAU AVE HDFC v. TCHERNITSKY — Motion by respondent to enlarge the time to serve and file a respondent’s brief on an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 19, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted and respondent shall serve and file its brief within 21 days of this decision & order on motion; and it is further,ORDERED that the appellant, if he be so advised, may serve and file a reply brief within 7 days from the service of respondent’s brief.November 27, 20172017-1755 Q CR. THE PEOPLE v. CUPIDORE, ORIEL — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered August 17, 2016, 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 no papers having been filed in opposition thereto, it isORDERED that the branch of the motion seeking an extension of time to take an appeal is granted and defendant’s moving papers are deemed to constitute a timely notice of appeal; and it is further,ORDERED that the branches of the motion seeking leave to prosecute the appeal as a poor person and the assignment of counsel are granted and the Legal Aid Society is assigned as counsel; and it is further,ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, prepared in connection with defendant’s sentencing, including the recommendation sheet and any prior reports on defendant which are incorporated or referred to in the report.November 27, 2017By: Pesce, P.J.2017-1878 RI CR. THE PEOPLE v. SPARAGO, MICHAEL — Application by defendant, pursuant to CPL 450.15 and 460.15, for a certificate granting leave to appeal to this court from an order of the Criminal Court of the City of New York, Richmond County, dated September 22, 2017, which was referred to me for determination. By order dated October 19, 2017, the Appellate Division, Third Judicial Department, revoked defendant’s counsel’s admission to the bar effective immediately.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED, on the court’s own motion, that, on or before January 5, 2018, the attorney for plaintiff is directed to serve a copy of this decision and order on application upon defendant, pursuant to CPLR 2103 (c), and to file proof of such service in the office of the clerk of this court, which service shall constitute notice to defendant to appoint a new attorney pursuant to CPLR 321 (c); and it is further,ORDERED that, on or before February 8, 2018, defendant shall advise the clerk of this court and plaintiff’s counsel (1) of the name and address of his new attorney or (2) that defendant is proceeding pro se; and it is further,ORDERED that, if, on or before February 8, 2018, defendant fails to appoint a new attorney and advise the clerk of this court and plaintiff’s counsel of that attorney’s name and address, defendant shall be deemed to be proceeding pro se; and it is further,ORDERED that, on or before March 2, 2018, defendant shall (1) notify this court that he wishes to adopt the application filed by his former counsel, (2) file supplemental papers in connection with the application, or (3) withdraw the application; and it is further,ORDERED that if defendant fails to comply with the preceding paragraph, the application shall be deemed submitted; and it is further,ORDERED that the application is held in abeyance in the interim.November 27, 2017By: Pesce, P.J., Aliotta, Solomon, JJ.2017-1907 K CR. THE PEOPLE v. ABIDOV, KHIKMAT — Motion by appellant, on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered September 6, 2017, for the assignment of counsel. By order dated September 6, 2017, the Criminal Court of the City of New York, Kings County, granted an application pursuant to CPL 380.55 for leave to prosecute the appeal as a poor person.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the order dated September 6, 2017, it isORDERED that, pursuant to County Law §722, the following named attorney is assigned as counsel to prosecute the appeal:Seymour W. James, Jr., Esq.,New York City Legal Aid Society199 Water Street, 5th FloorNew York, NY 10038and it is further,ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.November 27, 2017Ninth and TenthJudical DisTRICTSBy: Marano, P.J.2017-1545 P CR. THE PEOPLE v. TUQUINAGUI, SEGUNDO — Application by defendant, pursuant to CPL 450.15 and 460.15, for a certificate granting leave to appeal to this court from an order of the Justice Court of the Town of Carmel, Putnam County, entered July 18, 2017, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.November 27, 2017By: Marano, P.J., Tolbert, Garguilo, JJ.2017-1709 W CR. THE PEOPLE v. WILLIAMS, ERIC — Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Justice Court of the Town of Cortlandt, Westchester County, rendered August 10, 2017, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the branches of the motion seeking leave to prosecute the appeal as a poor person and the assignment of counsel are granted and CLINTON W. CALHOUN, ESQ. is assigned pursuant to article 18-B of the County Law; and it is further,ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.November 27, 20172017-1798 N CR. THE PEOPLE v. LOONEY, ANTHONY — Motion by appellant on an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered August 11, 2017, for the assignment of counsel. By order dated August 23, 2017, the District Court of Nassau County, First District, granted an application pursuant to CPL 380.55 for leave to prosecute the appeal as a poor person.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the order dated August 23, 2017, it isORDERED that, pursuant to County Law §722, the following named attorney is assigned as counsel to prosecute the appeal:N. Scott Banks, Esq.,Legal Aid Society of Nassau County40 Main Street, 3rd FloorHempstead, New York 11550and it is further,ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.November 27, 20172017-1885 OR CR. THE PEOPLE v. RODRIGUEZ, KEVIN — Motion by appellant on an appeal from a judgment of conviction of the City Court of Middletown, Orange County, rendered September 14, 2017, for the assignment of counsel. By order dated September 29, 2017, the City Court of Middletown, Orange County, granted an application pursuant to CPL 380.55 for leave to prosecute the appeal as a poor person.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the order dated September 29, 2017, it isORDERED that, pursuant to County Law §722, the following named attorney is assigned as counsel to prosecute the appeal:Richard L. Herzfeld, Esqand it is further,ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.November 27, 20172017-1990 N CR. THE PEOPLE v. VASQUEZ, MARVIN A. — Motion by appellant on an appeal from judgments of conviction of the District Court of Nassau County, First District, rendered August 30, 2017, for the assignment of counsel. By order dated September 27, 2017, the District Court of Nassau County, First District, granted an application pursuant to CPL 380.55 for leave to prosecute the appeal as a poor person.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the order dated September 27, 2017, it isORDERED that, pursuant to County Law §722, the following named attorney is assigned as counsel to prosecute the appeal:Andrew E. MacAskill, Esqand it is further,ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.November 27, 2017
