Motion List released on: September 23, 2022 By Connolly, J.P., Rivera, Zayas, Ford, JJ. IN THE MATTER OF JEFFREY HERRY, pet, v. TANISHEA PERRY, res — (V-8877-2020) — Motion by the petitioner for leave to appeal to this Court from an order of the Family Court, Kings County, dated August 1, 2022, to stay enforcement of the order, pending hearing and determination of the appeal, and for poor person relief. Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is ORDERED that the branch of the motion which is for leave to appeal to this Court is denied; and it is further, ORDERED that the motion is otherwise denied as academic. CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur. By Connolly, J.P., Rivera, Zayas, Ford, JJ. A. W., ETC., ET AL., res, v. YOLANDA PALACIOS, ET AL., def, HOWARD SMITH, ET AL., app — Appeal from an order of the Supreme Court, Kings County, dated March 29, 2022. Motion by the appellants to stay the trial in the above-entitled action, pending hearing and determination of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is ORDERED that the motion is granted and the trial in the above-entitled action is stayed, pending hearing and determination of the appeal. CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur. By Connolly, J.P., Rivera, Zayas, Ford, JJ. HANNAH BERGQVIST JACKSON, ET AL., app, v. CITY OF NEW YORK, ET AL., res — Appeal from an amended order of the Supreme Court, Kings County, dated June 30, 2021. Motion by the respondents Thomas Colicchio and Lori Silverbush to extend the time to serve and file a brief. 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 granted, and on or before October 24, 2022, the respondents Thomas Colicchio and Lori Silverbush shall serve and file their brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve their brief and upload a digital copy of their brief, with proof of service thereof, through the digital portal on this Court’s website. CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur. By Connolly, J.P., Rivera, Zayas, Ford, JJ. THE PEOPLE, ETC., res, v. LI FANG, app — Motion by Li Fang pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered November 22, 2021, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the branch of the motion which is pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment is granted and the moving papers are deemed to constitute a timely notice of appeal; and it is further, ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth the appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and the amount and source of counsel fees paid to retained counsel in the County Court. CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur. By Connolly, J.P., Rivera, Zayas, Ford, JJ. WELLS FARGO BANK, N.A., res, v. DOREEN SANDERS, app, ET AL., def — Appeal from an order of the Supreme Court, Suffolk County, dated May 12, 2022. Motion by the appellant to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur. By Connolly, J.P., Rivera, Zayas, Ford, JJ. ANGEL CRUZ, plf-res, v. CITY OF NEW YORK, ET AL., def third-party plf-app; KOMATSU AMERICA CORP., ET AL., third-party def-app, KOMATSU LTD., ET AL., third-party def-res; HYDRAFORCE HYDRAULICS, LTD., non-party app (AND ANOTHER TITLE) — Appeals from an order of the Supreme Court, Queens County, dated October 14, 2021. Motion by the plaintiff-respondent to dismiss the appeals by the third-party defendant-appellant Komatsu America Corp. and third-party defendant-appellant Esco Group, LLC, on the ground that they are not aggrieved by the order. Separate motion by the defendants third-party plaintiffs-appellants to extend the time to perfect their appeal. Separate motion by the third-party defendants-appellants to extend the time to perfect their appeal. Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion by the plaintiff-respondent is granted, and the appeals by the third-party defendant-appellant Komatsu America Corp., and third-party defendant-appellant Esco Group, LLC, are dismissed, without costs or disbursements; and it is further, ORDERED that the motions by the defendants third-party plaintiffs-appellants and the third-party defendants-appellants are granted, and on or before October 24, 2022, the defendants third-party plaintiffs-appellants and the third-party defendants-appellants shall serve and file the joint record or appendix and their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and their respective briefs and upload digital copies of the joint record or appendix and their respective briefs, with proof of service thereof, through the digital portal on this Court’s website. CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur. By Connolly, J.P., Rivera, Zayas, Ford, JJ. THE PEOPLE, ETC., res, v. KELLY EDWARDS, app — Appeal from a judgment of the Supreme Court, Kings County, rendered April 13, 2022. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth the appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and the amount and source of counsel fees paid to retained counsel in the Supreme Court. CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur. By Connolly, J.P., Rivera, Zayas, Ford, JJ. IN THE MATTER OF EMMERLISIA L. TAYLOR, app, v. FREDERICK D. LUCAS, res — (O-1762-2021, V-2681-2013/2022I) — Appeals from two orders of the Family Court, Dutchess County, both dated May 6, 2022. By order to show cause dated June 24, 2022, the parties to the appeals were directed to show cause before this Court why the appeals in the above-entitled proceedings should or should not be dismissed on the ground that no appeal lies from orders entered upon the consent of the appealing party (see CPLR 5511). Now, upon the order to show cause and the papers filed in response thereto, it is ORDERED that the motion is granted, and the appeals are dismissed, without costs or disbursements. CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur. By Connolly, J.P., Rivera, Zayas, Ford, JJ. IN THE MATTER OF LAURIE J. COLE, app, v. KENNETH W. COLE, res — (F-1008-2020/2020A) — Appeal by Laurie J. Cole from an order of the Family Court, Nassau County, dated August 5, 2021. By order to show cause dated April 1, 2022, 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 the scheduling order dated January 5, 2022, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Now, upon the order to show cause and no papers having been filed in response thereto, it is ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 5, 2022, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur. By Connolly, J.P., Rivera, Zayas, Ford, JJ. IN THE MATTER OF JOANIE DEPOOL, res, v. JUAN CARLOS FRIAS, app — (F-5139-2020/2020A, F-5139-2020/2020B, F-5139-2020/2020C) — Appeal by Juan Carlos Frias from an order of the Family Court, Westchester County, dated February 10, 2022. By order to show cause dated May 2, 2022, 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 proceedings for failure to comply with the scheduling order dated March 7, 2022, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Now, upon the order to show cause and no papers having been filed in response thereto, it is ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated March 7, 2022, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur. By Connolly, J.P., Rivera, Zayas, Ford, JJ. THE PEOPLE, ETC., res, v. JAMES BONANNO, app — Appeal from an order of the Supreme Court, Westchester County, dated May 3, 2022. By order to show cause dated June 24, 2022, 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 action on the ground that the order dated May 3, 2022, is neither appealable as of right nor by permission (see CPL 450.10, 450.15). Now, upon the order to show cause and no papers having been filed in response thereto, it is ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements. CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF SHAWN M. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; SHAWNETTE M. (ANONYMOUS), res-app; LATONYA J. (ANONYMOUS), nonparty-res — (Proceeding No. 1); IN THE MATTER OF SANIYAH M. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; SHAWNETTE M. (ANONYMOUS), res-app; LATONYA J. (ANONYMOUS), nonparty-res — (Proceeding No. 2); IN THE MATTER OF JAKIYAH M. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; SHAWNETTE M. (ANONYMOUS), res-app; LATONYA J. (ANONYMOUS), nonparty-res — (Proceeding No. 3) — (N-27450-2018, N-27451-2018, N-27452-2018) — Appeals by Shawnette M. from two orders of the Family Court, Kings County, both dated August 10, 2022. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Adam Schmelkin, dated September 9, 2022, it is ORDERED that the appellant is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals: Fariah Amin 34-18 Northern Boulevard, Suite 5-37 Long Island City, NY 11101 917-737-2008 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 October 14, 2022, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either (1) the appellant is interested in prosecuting the appeals, or (2) the appellant is not interested in prosecuting the appeals, 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 appeals 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 children, if any. The parties are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[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 (22 NYCRR 671.9); 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 assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the children, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order 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 appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Connolly, J.P., Rivera, Zayas, Ford, JJ. THE PEOPLE, ETC., res, v. JEAN BOUCHEREAU, app — Appeal from a judgment of the Supreme Court, Kings County, rendered July 23, 2018. Motion by the appellant’s assigned counsel, in effect, to be relieved on the ground that the appellant has abandoned the appeal by failing to authorize assigned counsel to raise certain issues or to withdraw the appeal. By order to show cause dated June 27, 2022, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the appellant has abandoned the appeal, and assigned counsel’s motion was held in abeyance in the interim. Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel’s motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further, ORDERED that assigned counsel’s motion is granted. CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur. By Connolly, J.P., Rivera, Zayas, Ford, JJ. THE PEOPLE, ETC., res, v. JESSIE LUCAS, app — Appeals from two judgments of the Supreme Court, Queens County, both rendered June 11, 2019. Motion by the appellant’s assigned counsel, inter alia, to be relieved of the assignment on the ground that the appellant has abandoned the appeals by failing to respond to communications by assigned counsel. By order to show cause dated June 8, 2022, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeals on the ground that the appellant has abandoned the appeals, and assigned counsel’s motion was held in abeyance in the interim. Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel’s motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion to dismiss the appeals is granted and the appeals are dismissed; and it is further, ORDERED that assigned counsel’s motion is granted. CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur. By Connolly, J.P., Rivera, Zayas, Ford, JJ. THE PEOPLE, ETC., res, v. RODRIGO GUITTEREZ, app — Appeal from a judgment of the Supreme Court, Queens County, rendered June 29, 2016. Motion by the appellant’s assigned counsel to be relieved of the assignment on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel. By order to show cause dated June 8, 2022, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the appellant has abandoned the appeal, and assigned counsel’s motion was held in abeyance in the interim. Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel’s motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further, ORDERED that assigned counsel’s motion is granted. CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur. By Iannacci, J.P., Miller, Maltese, Ford, JJ. ARKADY ABRAHAM, ET AL., res, v. HEZI TORATI, ET AL., app; ARKADY ABRAHAM, ET AL., res, v. HEZI TORATI, ET AL., app; ARKADY ABRAHAM, ET AL., res, v. HEZI TORATI, ET AL., app — Appeals from four orders of the Supreme Court, Queens County, dated September 14, 2018, March 1, 2019, April 8, 2019, and January 3, 2020, and a judgment of the same court dated February 16, 2022. Motion by the respondents to dismiss the appeals from the orders dated September 14, 2018, March 1, 2019, and April 8, 2019, on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the judgment. Separate motion by the respondents to dismiss the appeal from the order dated January 3, 2020, on the same ground. Motion by the appellants to stay enforcement of the judgment and to stay the sale of certain real property, pending hearing and determination of the appeal from the judgment. Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is ORDERED that the motions by the respondents are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further, ORDERED that the motion by the appellants is granted, and enforcement of the judgment and the sale of the subject real property are stayed, pending hearing and determination of the appeal from the judgment; and it is further, ORDERED that on the Court’s own motion, the appeal from the judgment will be heard on submission. IANNACCI, J.P., MILLER, MALTESE and FORD, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF KATHERINE T. HANRAHAND, res, v. FRANCIS J. HANRAHAND, app — (F-3481-2018) — Appeal from an order of the Family Court, Dutchess County, dated August 5, 2022. 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 an order of a support magistrate before objections have been reviewed by a judge of the Family Court (see Family Ct Act §439[e]). LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF LATONYA JOHNSON, res, v. SHAWNETTE MELVILLE, app — (V-32533-2018, V-5741-2019) — Appeal from an order of the Family Court, Kings County dated August 17, 2022. 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 an order entered upon the default of the appealing party (see CPLR 5511). LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. IN THE MATTER OF JASON SUDEIKIS, app, v. OLIVIA WILDE, res — (V-13592-2021, V-13593-2021) — Appeal by Jason Sudeikis from an order of the Family Court, Kings County, dated August 5, 2022. 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 scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, 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 scheduling 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. IN THE MATTER OF LAURA KLINE, res, v. GREGORY KLINE, app — (Proceeding No. 1); IN THE GREGORY KLINE, app, v. LAURA KLINE, res — (Proceeding No. 2) — (O-1708-2017/2019D, O-1708-2017/2019E, V-1709-2017/2019 A, V- 1709-2017/2019B, V-1709-2017/2019C, V-1710-2017/2019A, V-1710-2017/2019B, V-1710-2017/2019C) — Appeal by Gregory Kline from an order of the Family Court, Orange County, dated August 4, 2022. 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 scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, 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 scheduling 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. IN THE MATTER OF JAVON J. (ANONYMOUS), app — (D-1817-2022) — Appeal by Javon J. from an order of the Family Court, Orange County, dated August 22, 2022. 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 scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, 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 scheduling 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. IN THE MATTER OF ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, pet-res, v. CATHERINE M. (ANONYMOUS), res-app — (Proceeding No. 1); IN THE MATTER OF ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, pet, v. JAMES A. (ANONYMOUS), res — (Proceeding No. 2); IN THE MATTER OF JAMES A. (ANONYMOUS), pet, v. CATHERINE M. (ANONYMOUS), res — (Proceeding No. 3) — (N-627-2021, N-628-2021, N-629-2021, N-630-2021, V-274-2021) — Appeal by Catherine M. from an order of the Family Court, Orange County, dated August 3, 2022. 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 scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, 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 scheduling 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. IN THE MATTER OF ANILYA S. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; MOHAMED S. (ANONYMOUS), res-app — (Proceeding No. 1); IN THE MATTER OF ANIA S. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; MOHAMED S. (ANONYMOUS), res-app — (Proceeding No. 2); IN THE MATTER OF ELIJAH S. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; MOHAMED S. (ANONYMOUS), res-app — (Proceeding No. 3) — (N-4717-2021, N-4718-2021, N-4719-2021) — Appeal by Mohamed S. from an order of the Family Court, Kings County, dated August 2, 2022. By order on certification of this Court dated September 9, 2022, the following attorney was assigned as counsel for the appellant on the appeal: Austin I. Idehen 89-31 161st Street, Suite 810 Jamaica, NY 11432 718-558-4191 By letter dated September 17, 2022, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. 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 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 scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling 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 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 received; or (3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated September 9, 2022, has been served upon the clerk of the court from which the appeal is taken, 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 above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling 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. By Nelson, J.P., Miller, Genovesi, Warhit, JJ. NAVINDRA HARNARAINE, ET AL., res, v. D. LIA REALTY, LLC, ET AL., app — Appeal from an order of the Supreme Court, Suffolk County, dated February 23, 2021. Motion by the appellants to stay the trial in the above-entitled action, pending hearing and determination of the appeal. 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. BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WARHIT, JJ., concur. By Nelson, J.P., Miller, Genovesi, Warhit, JJ. IN THE MATTER OF 175 ATLANTIC AVE., LLC, app, v. ZONING BOARD OF APPEALS FOR THE TOWN OF EAST HAMPTON, res — Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated September 28, 2021. Motion by the appellant to extend the time to perfect the appeal. 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 granted, and on or before November 22, 2022, the appellant shall serve and file the record or appendix and the appellant’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant’s brief and upload digital copies of the record or appendix and the appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website. BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WARHIT, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF NICHOLAS M. (ANONYMOUS). SUFFOLK COUNTY CHILD PROTECTIVE SERVICES, pet-res; ROBERT M. (ANONYMOUS), res-app, ET AL., res — (NN-13733-2021, NN-13734-2021) — Appeal by Robert M. from an order of the Family Court, Suffolk County, dated August 8, 2022. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Glenn Gucciardo, dated September 8, 2022, 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: Susan A. DeNatale 982 Montauk Highway, Suite 8 Bayport, NY 11705 631-772-1246 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 October 14, 2022, 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 upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of 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 (22 NYCRR 671.9); 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 scheduling order 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. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Nelson, J.P., Miller, Genovesi, Warhit, JJ. THE PEOPLE, ETC., res, v. TARENCE KIRKLAND, app — Appeal from an order of the Supreme Court, Westchester County, entered June 1, 2022. Motion by Rosenbaum & Taylor, P.C., for leave to withdraw as counsel for the appellant. Separate motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. Upon the papers filed in support of the motion by Rosenbaum & Taylor, P.C., and the papers filed in response thereto, and upon the papers filed in support of the motion by the appellant pro se and the papers filed in opposition thereto, it is ORDERED that on the Court’s own motion, the parties are directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the order entered June 1, 2022, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15); counsel for the appellant or the respondent may respond to this order to show cause, if so advised, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before October 24, 2022, through the digital portal on this Court’s website, with proof of service thereof; and it is further, ORDERED that the motions are held in abeyance in the interim; 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 appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon his counsel and the District Attorney, by ordinary mail. BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WARHIT, JJ., concur. By Nelson, J.P., Miller, Genovesi, Warhit, JJ. DONNA MARIE ROSA, ETC., res, v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, app, ET AL., def; DONNA MARIE ROSA, ETC., plf-res, v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, app, STATEN ISLAND UNIVERSITY HOSPITAL, ET AL., def-res — Appeals from two orders of the Supreme Court, Kings County, dated December 5, 2019, and March 15, 2022, respectively. Motion by the respondent Donna Marie Rosa to consolidate the appeals. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WARHIT, JJ., concur. By Nelson, J.P., Miller, Genovesi, Warhit, JJ. IN THE MATTER OF 853-855 MCLEAN, LLC, res, v. CITY OF YONKERS, ET AL., app — Appeal from an order of the Supreme Court, Westchester County, dated March 30, 2022. Motion by the respondent for an expedited briefing schedule and for a preference in the calendaring of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WARHIT, JJ., concur. By Nelson, J.P., Miller, Genovesi, Warhit, JJ. THE PEOPLE, ETC., res, v. JACQUILLE R. MILLS, app — Motion by Jacquille R. Mills pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Westchester County, rendered October 12, 2021, upon a plea of guilty. 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 the moving papers are deemed to constitute a timely notice of appeal. BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WARHIT, JJ., concur. By Nelson, J.P., Miller, Genovesi, Warhit, JJ. THE PEOPLE, ETC., res, v. ABEL ROMAIN, app — Motion by Abel Romain pursuant to CPL 460.30 for an extension of time to take appeals from a judgment of the Supreme Court, Kings County, rendered May 10, 2022, upon a plea of guilty, and from an amended judgment of the same court, rendered May 12, 2022, upon a plea of guilty, for leave to prosecute the appeals as a poor person, and for the assignment of 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 it is further, ORDERED that the moving papers are deemed to constitute timely notices of appeal; 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 appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); 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 pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeals: Patricia Pazner Appellate Advocates 111 John Street – 9th Floor New York, New York 10038 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. BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WARHIT, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF ANASTASIA N. A. (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, pet-res; LATONIA J. (ANONYMOUS), res-app — (Proceeding No. 1); IN THE MATTER OF JOEL A., ETC., (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, pet-res; LATONIA J. (ANONYMOUS), res-app — (Proceeding No. 2) — (B-900-2020/2022A, B-902-2020/2022A) — Appeal by Latonia J. from an order of the Family Court, Westchester County, dated August 22, 2022. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Randy I. Siper, dated September 12, 2022, 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: William D. Eddy One Barker Avenue, Suite 230 White Plains, NY 10601 914-949-0109 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 October 14, 2022, shall notify the Case Manager assigned to the appeal, in writing, that he 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 he 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 parties, who are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[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 (22 NYCRR 671.9); 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 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 children, 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 scheduling order 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. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur By Nelson, J.P., Miller, Genovesi, Warhit, JJ. THE PEOPLE, ETC., res, v. JARELLE BRAZEAL, app — Motion by Jarelle Brazeal pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered June 2, 2022, upon a plea of guilty, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is granted; and it is further, ORDERED that the moving papers are deemed to constitute a timely notice of appeal; 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 appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); 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 pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street – 9th Floor New York, New York 10038 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. BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WARHIT, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF MICHAEL T. C., JR. (ANONYMOUS). AILEEN A. (ANONYMOUS), app; MICHAEL T. C., SR. (ANONYMOUS), ET AL., res — (G-2014-2018, G-2370-2018, G-2717-2018) — Appeals from two orders of the Family Court, Rockland County, both dated February 8, 2021. The respondent Michael T. C., Sr., died on July 27, 2022. On the Court’s own motion, it is ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered lifting any automatic stay in effect and amending the caption on the ground that the appeal as to the respondent Michael T. C., Sr., abated upon his death (see Thomas v. Baumeister, 21 NY2d 720; Matter of Rose BB., 246 AD2d 820), by each uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court’s website on or before October 14, 2022; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before October 14, 2022; and it is further, ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties to the appeal, and upon former counsel for the respondent Michael T. C., Sr., via email to the email address provided to this Court, or if no email address is available for service by regular mail. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF NATALIYA ZAYTSEVA, res, v. MICHAEL FRAZIER, app — (O-170-2022) — Appeals by Michael Frazier from two orders of the Family Court, Kings County, both dated March 11, 2002. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Martha Schneiderman, dated September 16, 2022, it is ORDERED that the respondent is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to respond to the appeals: Emily M. Olshansky 395 Tuthill Road Southhold, NY 11971 917-583-0454 and it is further, ORDERED that assigned counsel shall promptly attempt to contact the respondent at the address provided by the Court, and shall notify the Case Manager assigned to the appeals on or before October 14, 2022, in writing, that she has done so and that either (1) the respondent is interested in responding to the appeals, or (2) the respondent is not interested in responding to the appeals, or that she has been unable to contact the respondent, and wishes to be relieved of the assignment. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. MICHAEL WILLIAMS, app — Appeal by Michael Williams from a judgment of the Supreme Court, Kings County, rendered August 26, 2022, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Yung-Mi Lee, dated September 16, 2022, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Twyla Carter 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 appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); 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. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF TELICIA M. B. (ANONYMOUS), res, v. ZYAIRE G. (ANONYMOUS), app — (P-04502-2022) — Appeal by Zyaire G. from an order of the Family Court, Kings County, dated August 17, 2022. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Jennifer Marshall, dated September 20, 2022, 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: Kyle Sosebee 147 Prince Street, Suite 24 Brooklyn, NY 11201 413-341-0908 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 October 14, 2022, shall notify the Case Manager assigned to the appeal, in writing, that he 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 he 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 parties, who are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[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 (22 NYCRR 671.9); 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 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 children, 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 scheduling order 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. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. KAMAR FELTER, app — Appeal by Kamar Felter from a judgment of the Supreme Court, Kings County, rendered September 8, 2022, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Niamh O’Flaherty, dated September 12, 2022, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Twyla Carter 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 appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); 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. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. JOSEPH R. CUSSICK III, res, v. R.L. BAXTER BUILDING CORP., def, GREYSTONE PROGRAMS, INC., ET AL., app — Appeals from an amended order of the Supreme Court, Dutchess County, dated March 7, 2022. On the Court’s own motion, it is ORDERED that the order on application of this Court entitled “[i]n the Matter of Applications for Extensions of Time,” dated September 14, 2022, is amended by deleting from the “Extended Deadline” entry concerning the above-entitled matter the date “October 21, 2022″ and substituting therefor “November 3, 2022.” LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
Order on Application released on: September 23, 2022
