Motion List released on: November 21, 2019
By Dillon, J.P.; Balkin, Lasalle and Barros, JJ. MATTER of True North Acquisitions, LLC, res, v. Town of Hempstead ap — Appeal from an order of the Supreme Court, Nassau County, entered September 26, 2019. On the Court’s own motion, it is ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice, and leave to appeal has not been granted (see CPLR 5701). DILLON, J.P., BALKIN, LASALLE and BARROS, JJ., concur. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. MATTER of Joseph Bruce I. (Anonymous). Administration for Childrens Services, petitioner-res, Joseph A. I. (Anonymous), res-res — (Proceeding No. 1) MATTER of Nolan Alexander I. (Anonymous). Administration for Childrens Services, petitioner-res, Joseph A. I. (Anonymous), res-res — (Proceeding No. 2) — Appeals by Joseph A. I. from two orders of the Family Court, Queens County, dated May 8, 2019, and July 25, 2019, respectively. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Arthur Rubin, dated November 14, 2019, it is ORDERED that pursuant to Family Court Act §1120, the following named attorney is assigned as the attorney for the children on the appeals: Lauri Gennusa 155-03 Jamaica Avenue Jamaica, NY 11432 516-641-9999 and it is further, ORDERED that Arthur Rubin is directed to turn over all papers in the proceedings to the new attorney for the children herein assigned. SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. MATTER of Treyvone A. (Anonymous). Administration for Childrens Services, petitioner-res, Manuel R. (Anonymous), res-res — Appeal by Manuel R. from an order of the Family Court, Kings County, dated September 25, 2019. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Michael A. Fiechter, dated October 25, 2019, it is ORDERED that the appellant is granted leave to proceed as a poor person on the appeal and following named attorney is assigned as counsel to prosecute the appeal: Michael A. Fiechter P.O. Box 1107 Bellmore, NY 11710 718-902-4492 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 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 1250.5[e][1], 1250.9[a][4],[c][1],[d],[e]; 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; 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 assigned counsel shall serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further, ORDERED that pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), 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 order; and it is further, ORDERED that pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), within 30 days after the date of this order, 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 transcripts have been received, and indicating the date received; or (3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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 order, 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. SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. MATTER of Jerome Jackson, res, v. Doreen Shands, ap — Appeal by Doreen Shands from an order of the Family Court, Queens County, dated October 11, 2019. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Eric Perlmutter, dated November 6, 2019, it is ORDERED 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: Tennille Michelle Tatum-Evans 316 W. 116th St., Ste. 3B New York, NY 10026 347-645-6660 and 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 December 5, 2019, shall notify the Case Manager assigned to the appeal, in writing, that she 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 she 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 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 1250.5[e][1], 1250.9[a][4],[c][1],[d],[e]; 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; 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 §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); 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. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. PEOPLE, etc., res, v. Jamarri Reid, ap — Appeal by Jamarri Reid from a judgment of the Supreme Court, Queens County, rendered September 25, 2019, upon a plea of guilty. By order dated September 25, 2019, the Supreme Court, Queens County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief. Now, upon the order dated September 25, 2019, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Paul Skip Laisure Appellate Advocates 111 John Street – 9th Floor New York, New York 10038 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 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 appeal 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 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 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 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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. PEOPLE, etc., res, v. Jamel Rush, ap — Appeal by Jamel Rush from a judgment of the Supreme Court, Queens County, rendered October 4, 2019, following a trial. By order dated October 8, 2019, the Supreme Court, Queens County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief. Now, upon the order dated October 8, 2019, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Janet E. Sabel The Legal Aid Society 199 Water Street – 5th Floor New York, NY 10038 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 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 appeal 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 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 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 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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. PEOPLE, etc., res, v. Lui Lee, ap — (S.C.I. Nos. 1096/19, 1097/19) — Appeals by Lui Lee from two judgments of the Supreme Court, Queens County, both rendered September 26, 2019, upon pleas of guilty. By order dated September 26, 2019, the Supreme Court, Queens County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief. Now, upon the order dated September 26, 2019, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeals: Paul Skip Laisure Appellate Advocates 111 John Street – 9th Floor New York, New York 10038 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 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 appeal 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 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 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. SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. PEOPLE, etc., res, v. Eric Lewis, ap — Appeal by Eric Lewis from a judgment of the Supreme Court, Queens County, rendered September 24, 2019, upon a plea of guilty. By order dated September 24, 2019, the Supreme Court, Queens County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief. Now, upon the order dated September 24, 2019, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Paul Skip Laisure Appellate Advocates 111 John Street – 9th Floor New York, New York 10038 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 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 appeal 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 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 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 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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. PEOPLE, etc., res, v. Benjamin Ramirez, ap — (S.C.I. No. 1792/19) — Appeal by Benjamin Ramirez from a judgment of the Supreme Court, Queens County, rendered October 1, 2019, upon a plea of guilty. By order dated October 1, 2019, the Supreme Court, Queens County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief. Now, upon the order dated October 1, 2019, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Paul Skip Laisure Appellate Advocates 111 John Street – 9th Floor New York, New York 10038 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 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 appeal 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 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 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 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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. PEOPLE, etc., res, v. Mike Arroyo, ap — (S.C.I. No. 3365/19) — Appeal by Mike Arroyo from a judgment of the Supreme Court, Kings County, rendered September 18, 2019, upon a plea of guilty. By order dated September 18, 2019, the Supreme Court, Kings County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief. Now, upon the order dated September 18, 2019, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Janet E. Sabel The Legal Aid Society 199 Water Street – 5th Floor New York, NY 10038 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 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 appeal 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 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 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 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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. PEOPLE, etc., res, v. Shaun Johnson, ap — Appeal by Shaun Johnson from a judgment of the Supreme Court, Kings County, rendered September 24, 2019, upon a plea of guilty. By order dated September 24, 2019, the Supreme Court, Kings County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief. Now, upon the order dated September 24, 2019, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Paul Skip Laisure Appellate Advocates 111 John Street – 9th Floor New York, New York 10038 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 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 appeal 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 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 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 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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. PEOPLE, etc., res, v. Paul Moore, ap — Appeal by Paul Moore from a judgment of the Supreme Court, Kings County, rendered September 26, 2019, upon a plea of guilty. By order dated September 27, 2019, the Supreme Court, Kings County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief. Now, upon the order dated September 27, 2019, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Paul Skip Laisure Appellate Advocates 111 John Street – 9th Floor New York, New York 10038 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 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 appeal 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 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 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 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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. PEOPLE, etc., res, v. Tyreik Williams, ap — Appeal by Tyreik Williams from a judgment of the Supreme Court, Richmond County, rendered October 3, 2019, following a trial. By order dated October 3, 2019, the Supreme Court, Richmond County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief. Now, upon the order dated October 3, 2019, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Paul Skip Laisure Appellate Advocates 111 John Street – 9th Floor New York, New York 10038 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 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 appeal 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 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 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 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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Chambers, J.P.; Austin, Lasalle and Barros, JJ. MATTER of Isaac S. (Anonymous). Administration for Childrens Services, petitioner-res, Israel S. (Anonymous), et al., respondents-ap — (Proceeding No. 1) MATTER of Faigy S. (Anonymous). Administration for Childrens Services, petitioner-res, Israel S. (Anonymous), et al., respondents-ap — (Proceeding No. 2) — Motion by the respondent-appellant Miriam S., inter alia, to recalendar oral argument of appeals from three orders of the Family Court, Kings County, dated November 14, 2017, May 1, 2018, and May 9, 2018, respectively. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is denied. CHAMBERS, J.P., AUSTIN, LASALLE and BARROS, JJ., concur. MATTER of Caitlyn M. (Anonymous). Administration for Childrens Services, petitioner-res, Marie M. (Anonymous), res-res — Appeal by Marie M. from an order of the Family Court, Richmond County, dated October 15, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED 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 Joe P. I. (Anonymous). Administration for Childrens Services; petitioner-res, Robert M. (Anonymous), res-res — (Proceeding No. 1) MATTER of Margaret M. M. (Anonymous). Administration for Childrens Services; petitioner-res, Robert M. (Anonymous), res-res — (Proceeding No. 2) — Appeals by Robert M. from two orders of the Family Court, Kings County, both dated September 18, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the respondent-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 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) if the respondent-appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this Court for leave to prosecute the appeals 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-respondent-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 appeals; 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 appeals to show cause why the appeals should or should not be dismissed. By Dillon, J.P.; Balkin, Lasalle and Barros, JJ. Pennymac Corp., res, v. Danielle Liguori Bongiovanni, ap, et al., def — Appeal from the denial of an application to sign an order to show cause of the Supreme Court, Richmond County, which occurred on May 21, 2019. On the Court’s own motion, it is ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from the denial of an application to sign an order to show cause (see Khanal v. Sheldon, 74 AD3d 894; Matter of Astoria Gas Turbine Power, LLC v. Tax Commn. of City of N.Y., 14 AD3d 553; CPLR 5701). DILLON, J.P., BALKIN, LASALLE and BARROS, JJ., concur. MATTER of Shari Inga Goodstein, res, v. Theodore Rossi, ap — Appeal by Theodore Rossi from an order of the Family Court, Westchester County, dated October 16, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED 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 Chaasahn A. Hughes, ap, v. Andrea D. Lugo, res — Appeal by Chaasahn A. Hughes from an order of the Family Court, Kings County, dated October 9, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED 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 Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. PEOPLE, etc., res, v. Destin Crosby, ap — Appeal from a judgment of the County Court, Westchester County, rendered July 18, 2018. By decision and order on motion of this Court dated December 27, 2018, the appellant was granted poor person relief and the following named attorney is assigned as counsel to prosecute the appeal: Leonard J. Levenson 225 Broadway, Suite 1804 New York, NY 10007 On the Court’s own motion, it is ORDERED that counsel is relieved of the assignment and 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 as new counsel to prosecute the appeal: Valerie Livingston 1133 Westchester Ave., Suite N-202 White Plains, New York 10604 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 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 decision and order on motion upon the clerk of the court from which the appeal is taken. SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. MATTER of William Toff Ruff, res, v. Julia Yvonne Oweis-Ruff, ap — (Proceeding No. 1) MATTER of Julia Yvonne Oweis-Ruff, ap, v. William Toff Ruff, res — (Proceeding No. 2) — Appeal by Julia Yvonne Oweis-Ruff from an order of the Family Court, Nassau County, dated September 30, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal in the above-entitled proceedings 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 Miguel Velarde, res, v. Muriel Ramirez, ap — Appeal by Muriel Ramirez from an order of the Family Court, Nassau County, dated October 15, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED 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. By Dillon, J.P.; Roman, Lasalle and Wooten, JJ. MATTER of Mark Lew, res, v. Gail Sobel, ap — Motion by the respondent for a preference in the calendaring of appeals from an order of the Supreme Court, Nassau County, entered April 26, 2019, and a judgment of the same court also entered April 26, 2019. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted and the appeals will be calendared expeditiously after all of the briefs have been filed. DILLON, J.P., ROMAN, LASALLE and WOOTEN, JJ., concur. MATTER of Nickie Kane, ap, v. Zora Tung, res — Appeal by Nickie Kane from an order of the Family Court, Kings County, dated November 6, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED 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 Andrea Ibrahim, res, v. Yahya Ibrahim, ap — Appeal by Yahya Ibrahim from an order of the Family Court, Richmond County, dated October 7, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED 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 Dillon, J.P.; Roman, Lasalle and Wooten, JJ. Zhuqing Xiang, res, v. Wei Sun, ap — Motion by the appellant, inter alia, to stay enforcement of stated portions of an order of the Supreme Court, Queens County, entered September 3, 2019, pending hearing and determination of an appeal from the order. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is denied. DILLON, J.P., ROMAN, LASALLE and WOOTEN, JJ., concur. MATTER of Franchesca Fernandez, res, v. Tanique Harrell, ap — Appeal by Tanique Harrell from an order of the Family Court, Suffolk County, dated October 2, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED 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. By Dillon, J.P.; Roman, Lasalle and Wooten, JJ. Pura Quinones, ap, v. Jonlek Associates, LLC, res — Motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated May 22, 2019. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. DILLON, J.P., ROMAN, LASALLE and WOOTEN, JJ., concur. By Dillon, J.P.; Roman, Lasalle and Wooten, JJ. Fredericka Riordan, appellant-res, v. Franklin Ciaccio respondents-ap — Motion by the appellant-respondent to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated June 28, 2019. Separate motion by the respondents-appellants to stay the trial in the above-entitled action, pending hearing and determination of the appeal and cross appeal. Upon the papers filed in support of the appellant-respondent’s motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondents-appellants’ motion and the papers filed in relation thereto, it is ORDERED that the motions are denied. DILLON, J.P., ROMAN, LASALLE and WOOTEN, JJ., concur. By Dillon, J.P.; Roman, Lasalle and Wooten, JJ. MATTER of Darren Robert McCloskey, ap, v. Christine Fleming, res — Appeal by Darren Robert McCloskey from an order of the Family Court, Westchester County, dated May 7, 2019. By order to show cause dated September 5, 2019, the parties were 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 a dated July 17, 2019. Now, upon the order to show cause and the papers filed in response thereto, it is ORDERED that the motion to dismiss the appeal is denied; and it is further, ORDERED that pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), on or before January 21, 2020, 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 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 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 the appellant fails to file the affidavit or affirmation on or before January 21, 2020, as set forth above, the Court will dismiss the appeal, without further notice. DILLON, J.P., ROMAN, LASALLE and WOOTEN, JJ., concur. By Dillon, J.P.; Roman, Lasalle and Wooten, JJ. MTGLQ Investors, L.P., res, v. Augustin Cutaj ap, et al., def — Motion by the appellants to stay enforcement of an order and judgment (one paper) of the Supreme Court, Westchester County, dated April 18, 2019, and to stay the sale of the subject premises, pending hearing and determination of an appeal from the order and judgment. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted, and enforcement of the order and judgment, and the sale of the subject premises, located at 261 Waverly Avenue, Mamaroneck, New York, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 23, 2019; and it is further, ORDERED that in the event the appeal is not perfected on or before December 23, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice. DILLON, J.P., ROMAN, LASALLE and WOOTEN, JJ., concur. MATTER of Frank Golio, ap, v. Renee Picone-Fabisenski res — Appeal by Frank Golio from an order of the Family Court, Orange County, dated September 30, 2019. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal in the above-entitled proceedings 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 Scheinkman, P.J.; Austin, Cohen and Hinds-Radix, JJ. MATTER of Kevin Moynihan, ap, v. Alexander Roy Cohen, res — (Proceeding No. 1) MATTER of Alexander Roy Cohen, res, v. Kevin Moynihan, ap — (Proceeding No. 2) MATTER of Paul Krasnoff, ap, v. Alexander Roy Cohen, res — (Proceeding No. 3) V-4060-18, V-5121-18, V-5122-18) — Motion by respondent, inter alia, to dismiss an appeal from an order of the Family Court, Nassau County, dated March 27, 2019, on the ground that the appeal is without merit or, in effect, for summary reversal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied; and it is further, ORDERED that pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the time of the respondent and the attorney for the children to serve and file their respective briefs is extended until December 23, 2019, and the briefs of the respondent and the attorney for the children shall be served and filed on or before that date. SCHEINKMAN, P.J., AUSTIN, COHEN and HINDS-RADIX, JJ., concur. MATTER of Inna Khovov, res, v. Yury Khovov, ap — Appeals by Yury Khovov from four orders of the Family Court, Kings County, one dated October 7, 2019, two dated June 17, 2019 and one dated June 21, 2019, respectively. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeals 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 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. MATTER of Alexander William Khost, res, v. Carla Theresa Ciampi, ap — Appeals by Carla Theresa Ciampi from two orders of the Family Court, Kings County, dated June 11, 2019, and October 9, 2019, respectively. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeals 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 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. By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. Walter Boss, Inc., res-ap, v. Jay Clearly appellant-res — Appeals from a decision of the Supreme Court, Suffolk County, dated November 1, 2018, a judgment of the same court dated January 7, 2019, and a judgment of the same court entered March 15, 2019, and cross appeal from the judgment dated January 7, 2019. On the Court’s own motion, it is ORDERED that the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Co., 100 AD2d 509); and it is further, ORDERED that the order on application of this Court entitled “[i]n the Matter of Applications for Extensions of Time,” dated October 10, 2019, is amended (1) by adding Appellate Division Docket No. “2019-04358″ to the “Docket No.” entry concerning the matter entitled Walter Boss, Inc. v. Clearly, under Appellate Division Docket No. 2019-04361, and (2) by adding to the “Applicant Name(s)” entry concerning that matter the name “Jay Cleary.” SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur. By Dillon, J.P.; Balkin, Connolly and Iannacci, JJ. PEOPLE, res, v. Byron Rodas, ap — On the Court’s own motion, it is ORDERED that the decision and order on motion of this Court dated November 12, 2019, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor: Motion by the appellant’s assigned counsel to be relieved on an appeal from an order of the County Court, Dutchess County, dated September 29, 2017, and for the assignment of new counsel. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is granted, and Thomas N. N. Angell, Dutchess County Public Defender, 22 Market Street, Poughkeepsie, New York 12601, is relieved of the assignment and directed to turn over all papers to new counsel herein assigned; and it is further, ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Salvatore C. Adamo 350 Fifth Ave., 59th Floor New York, NY 10118 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 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 decision and order on motion upon the clerk of the court from which the appeal is taken. DILLON, J.P., BALKIN, CONNOLLY and IANNACCI, JJ., concur.
