By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Citimortgage, Inc., res, v. Everette Weaver, ap, et al., def — Appeal from an order of the Supreme Court, Kings County, dated September 26, 2016. By decisions and orders on motion of this Court dated March 9, 2018, and October 30, 2018, respectively, the appellant was directed to serve and file a supplemental record containing certain documents on or before November 14, 2018. The appellant has failed to file the supplemental record.Now, on the Court’s own motion, it isORDERED that the parties to the appeal are directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with the decisions and orders on motion of this Court dated March 9, 2018, and October 30, 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 January 14, 2019; 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 to the appeal by regular mail.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
By Balkin, J.P.; Austin, Roman and Connolly, JJ.PEOPLE, etc., res, v. Diquan Booker, ap — Motion by the appellant, in effect, for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered April 13, 2016, upon a plea of guilty, under Indictment No. 1085N/14, as a poor person, for the assignment of counsel, and to consolidate that appeal with an appeal from a judgment of the same court also rendered April 13, 2016, under Indictment No. 1131N/14. By decision and order on motion of this Court dated July 25, 2018, the appellant was granted poor person relief and assignment of counsel with respect to the appeal under Indictment No. 1131N/14.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 pursuant to County Law §722, the following named attorney is also assigned on the appeal under Indictment No. 1085N/14:Jillian S. HarringtonP.O. Box 131621Staten Island, NY 10313and 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 an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on the appeals to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); 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 the action under Indictment No. 1085N/14, 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 the 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 the appellant’s time to perfect the appeals is extended; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) 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.BALKIN, J.P., AUSTIN, ROMAN and CONNOLLY, JJ., concur.
