Motion List released on: March 22, 2019
By Austin, J.P.; Roman, Hinds-Radix and Christopher, JJ.PEOPLE, etc., res, v. Anthony H. Baptiste, ap — Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered December 15, 2017, and for the assignment of new counsel. The appellant’s motion to dispense with printing and for the assignment of counsel was granted on May 30, 2018, and the following named attorney was assigned to prosecute the appeal:Laurette D. MulryLegal Aid Society of Suffolk County300 Center DrivePO Box 1697Riverhead, New York 11901-3398Upon the papers filed in support of the motion and the papers filed 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:Mark DiamondBox 287356Yorkville Station, NY 10128and 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 pre-sentence report prepared in connection with the defendant’s sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report, and to provide additional copies to this Court upon demand, 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further,ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.AUSTIN, J.P., ROMAN, HINDS-RADIX and CHRISTOPHER, JJ., concur.MATTER of Glenn White, res, v. Debra Holder, ap — Appeal from an order of the Family Court, Kings County, dated November 14, 2018. The appellant’s brief was filed in the office of the Clerk of this Court on March 15, 2019. Pursuant to §670.3(b)(2) of the rules of this Court (see 22 NYCRR 670.3[b][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.Robert Lugo, appellant-res, v. Larissa Torres, res, Liya L. (Anonymous), nonparty-res-res — Appeals by Robert Lugo from a judgment of the Supreme Court (IDV Part), Westchester County, entered March 13, 2018, and an order of the same court dated July 13, 2018, and cross appeal by Liya L. from the order dated July 13, 2018. The appellant-respondent’s brief was filed in the office of the Clerk of this Court on September 27, 2018 and the nonparty-respondent-appellant’s brief was filed on November 13, 2018. Pursuant to §670.3(b)(2) of the rules of this Court (see 22 NYCRR 670.3[b][2]), it isORDERED that the appellant-respondent’s answering brief shall be served and filed within 30 days of the date of this .MATTER of Alexandra Pena, ap, v. Guillermo Diaz, res — Appeal by Alexandra Pena from an order of the Family Court, Queens County, dated September 12, 2018. By dated November 21, 2018, the appellant was directed to file one of the following in the office of the Clerk of this 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 §670.3(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 November 21, 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 April 12, 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 by regular mail.LNV Corporation, res, v. Allison Albert, appellant def — Appeal from an order of the Supreme Court, Nassau County, entered February 6, 2018.ORDERED that the appellant shall perfect the appeal on or before May 20, 2019, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.MATTER of Nadia Lanakaye Brewster, res, v. Shaun C. Davidson, ap — Appeal by Shaun C. Davidson from an order of the Family Court, Nassau County, dated January 18, 2018. The appellant’s brief was filed in the office of the Clerk of this Court on March 15, 2019. Pursuant to §670.3(b)(2) of the rules of this Court (see 22 NYCRR 670.3[b][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.MATTER of Christopher T. L. (Anonymous) Heartshare St. Vincents Services, petitioner-res, Sayid L. (Anonymous), respondent-appellant; et al., res — (Proceeding No. 1)MATTER of Destiny Marie L. (Anonymous), a/k/a Destiny D. (Anonymous). Heartshare St. Vincents Services, petitioner-res, Sayid L. (Anonymous), respondent-appellant; et al., res — (Proceeding No. 2)MATTER of Timothy B. L. (Anonymous). Heartshare St. Vincents Services, petitioner-res, Sayid L. (Anonymous), respondent-appellant; et al., res — (Proceeding No. 3)MATTER of Aaliyah J. L. (Anonymous), a/k/a Aaliyah L. (Anonymous), a/k/a Aaliyah D. (Anonymous). Heartshare St. Vincents Services, petitioner-res, Sayid L. (Anonymous), respondent-appellant; et al., res — (Proceeding No. 4) B-25415-16) — Appeals by Sayid L. from four orders of the Family Court, Queens County, all dated April 11, 2018.The appellant’s brief was filed in the office of the Clerk of this Court on March 15, 2019. Pursuant to §670.3(b)(2) of the rules of this Court (see 22 NYCRR 670.3[b][2]), it isORDERED that within 30 days of the date of this order, the briefs for the respondent and the attorney for the children in the above-entitled appeals shall be served and filed.MATTER of Karlene Alana Joseph, ap, v. Karl Joseph, res — Appeal by Karlene Alana Joseph from an order of the Family Court, Kings County, dated February 8, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), 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) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or(5) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) 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 Frank Farance, ap, v. Marquerite Camaiore, res — Appeal by Frank Farance from an order of the Family Court, Queens County, dated June 22, 2018. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), 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.MATTER of Marquerite Camaiore, res, v. Frank Farance, ap — Appeal by Frank Farance from an order of the Family Court, Queens County, dated September 10, 2018. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), 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) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or(5) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) 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 Nydia Marie Gonzalez, res, v. Woodler J. Lugay, ap — Appeal by Woodler J. Lugay from an order of the Family Court, Kings County, dated February 1, 2019. By order on certification of this Court dated March 13, 2019, the following attorney was assigned as counsel for the appellant on the appeal:Helene Chowes401 Broadway, Suite 203New York, NY 10013212-431-9550
