Motion List released on:November 20, 2018By Rivera, J.P.; Dillon, Sgroi and Barros, JJ.PEOPLE, etc., res, v. Irving Gavin, ap — Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered May 25, 2016, to substitute retained counsel, and to continue his status as a poor person. The appellant’s motion to dispense with printing and for assignment of counsel was granted on January 17, 2017, and the following named attorney was assigned as counsel to prosecute the appeal:The Legal Aid Society199 Water Street – 5th FloorNew York, New York 10038Upon the papers filed in support of the motion and the papers filed in relation thereto; it isORDERED that the motion is granted; and said assigned counsel is directed to turn over all papers in the action to retained counsel:Justin Bonus118-35 Queens Blvd., Suite 400Forest Hills, NY 11375and it is further,ORDERED that the appellant’s poor person status is continued; 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 retained 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 retained 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 the appellant’s time to perfect the appeal is extended. Retained counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions.RIVERA, J.P., DILLON, SGROI and BARROS, JJ., concur.
MATTER of Chaim Kolodny, ap, v. Dara Hellman, res — Appeal by Chaim Kolodny from an order of the Family Court, Kings County, dated July 2, 2018. By dated August 28, 2018, 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 stating 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 §670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), 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, 2018, 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 December 11, 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 Delainah P. (Anonymous). Administration for Childrens Services, petitioner-res, Deborah P. (Anonymous), respondent-appellant; Gleva P. (Anonymous), nonparty-respondent — Appeal by Deborah P. from an order of the Family Court, Kings County, dated June 29, 2018. By dated September 27, 2018, 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 stating 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) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or(5) an affidavit or an affirmation withdrawing the appeal.The appellant has failed to comply with the . Pursuant to §670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), 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 September 27, 2018, 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 December 11, 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 Austin, J.P.; Roman, Miller and Brathwaite Nelson, JJ.Bank of America, N.A., res, v. Alexander Dudkevich, def, Cintia Dudkevich, ap — Motion by the appellant to extend the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 27, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is extended until December 20, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further extension of time shall be granted.AUSTIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.
