Appellate Division, Second Department: September 26, 2022

Motion List released on: September 26, 2022 By Rivera, J.P., Maltese, Nelson, Christopher, JJ. IN THE MATTER OF SHANE M. SAMUELS, res, v. ASHLEY PALLANO, app — (Proceeding No. 1); IN THE MATTER OF ASHLEY PALLANO, app, v. SHANE M. SAMUELS, res — (Proceeding No. 2) — (V-114211-2014/2022Q, V-114211-2014/2020F, V-114211-2014-2020G, V-114211-2014/2020J, V-114211-2014/2020M) — Appeal by Ashley Pallano from an order of the Family Court, Westchester County, dated August 29, 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 NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF COMFORT A. SERWAAH, res, v. SANDRA APPIAH, app — (F-04951-2020) — Appeal by Sandra Appiah from an order of the Family Court, Nassau County, dated January 5, 2022. By scheduling order dated July 8, 2022, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the scheduling order: (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. The appellant has failed to comply with the scheduling order. Pursuant to §670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), 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 dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 8, 2022, by 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 26, 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 26, 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 via email to the email address provided to this court, or if no email address is available for service by regular mail. By Dillon, J.P., Chambers, Maltese, Voutsinas, JJ. DEANNA MAMMINA, app, v. STATE OF NEW YORK, res — Appeal from an order of the Court of Claims, dated July 12, 2021. Motion by the respondent 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 26, 2022, the respondent shall serve and file the respondent’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website. DILLON, J.P., CHAMBERS, MALTESE and VOUTSINAS, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF KAIRA K. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; KARAM S. (ANONYMOUS), res-app — (Proceeding No. 1); IN THE MATTER OF KIANA K. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; KARAM S. (ANONYMOUS), res-app — (Proceeding No. 2) — (N-1182-2021, N-1183-2021) — Appeal by Karam S. from an order of the Family Court, Queens County, dated August 22, 2022. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Emily S. Wall, 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: Center for Family Representation, Inc. 40 Worth Street, Suite 605 New York, NY 10013 212-691-0950 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 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 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 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 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. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Dillon, J.P., Chambers, Maltese, Voutsinas, JJ. IN THE MATTER OF DEBORAH CARRIER, pet-res-res, v. MONIQUE RICHARDS, res-pet-res, ET AL., res; RAHMANIQUE W. (ANONYMOUS), nonparty-app — (V-6212-2022, V-9743-2022) — Motion by Rahmanique W. for leave to appeal to this Court from an order of the Family Court, Kings County, dated August 4, 2022, to stay enforcement of so much of the order as directed that Rahmanique W. be returned to the care and custody of Monique Richards, and to direct that Rahmanique W. shall remain in the care and custody of Deborah Carrier, 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 branch of the motion which is for leave to appeal is granted; and it is further, ORDERED that the branches of the motion which are to stay enforcement of so much of the order as directed that Rahmanique W. be returned to the care and custody of Monique Richards, and to direct that Rahmanique W. shall remain in the care and custody of Deborah Carrier, pending hearing and determination of the appeal is granted, enforcement of so much of the order as directed that Rahmanique W. be returned to the care and custody of Monique Richards is stayed, and Rahmanique W. shall remain in the care and custody of Deborah Carrier, pending hearing and determination of the appeal or the issuance of a dispositional order of the Family Court, Kings County, determining the above-referenced proceedings, whichever occurs first. DILLON, J.P., CHAMBERS, MALTESE and VOUTSINAS, JJ., concur. IN THE MATTER OF NIKKI PERRIN, app, v. JENNIFER BENSLEY, res — (V-2796-2021) — Appeal by Nikki Perrin from an order of the Family Court, Orange County, dated July 14, 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 JAMES CLAYTON MCDOWELL, res, v. CHAYA MUSHKA MARSHALL, app — (V-24551-2015-2019B) — Appeal by Chaya Mushka Marshall from an order of the Family Court, Kings County, dated August 15, 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. By Nelson, J.P., Miller, Genovesi, Warhit, JJ. THE PEOPLE, ETC., res, v. DEVON TYMEJR, app — Motion by Devon Tymejr pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered May 12, 2022, 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. IN THE MATTER OF UMAZIA M. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-app; SADIA A. (ANONYMOUS), res-res, ET AL., res — (Proceeding No. 1); IN THE MATTER OF UMAYER S. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-app; SADIA A. (ANONYMOUS), res-res, ET AL., res — (Proceeding No. 2) — (NA-04692-2021, NA-04693-2021, NN-09891-2022, NN-09892-2022) — Appeal by Administration for Children’s Services from an order of the Family Court, Kings County, dated September 15, 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. By Nelson, J.P., Miller, Genovesi, Warhit, JJ. THE PEOPLE, ETC., res, v. MARGARITO LOPEZ, app — Motion by Margarito Lopez pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered April 27, 2022, upon a plea of guilty. 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 the application submitted to the Clerk of this Court is deemed timely filed. BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WARHIT, JJ., concur. By Nelson, J.P., Miller, Genovesi, Warhit, JJ. THE PEOPLE, ETC., res, v. JOSE ARRIAZAORTEGA, app — Motion by Jose Arriazaortega pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Rockland County, rendered August 10, 2021, 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: James D. Licata Office of the Public Defender 11 New Hempstead Road New City, NY 10956-3664 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 Dillon, J.P., Chambers, Maltese, Voutsinas, JJ. THE PEOPLE, ETC., res, v. RONALD GREENLAND, app — Appeal from a judgment of the Supreme Court, Westchester County, rendered February 27, 2018. Motion by the appellant pro se for leave to serve and file a supplemental brief. Separate motion by the respondent to extend the time to serve and file a brief. 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 for leave to serve and file a supplemental brief is granted; and it is further, ORDERED that the District Attorney shall file the transcripts of the proceedings, if any, and the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further, ORDERED that the appellant shall file the supplemental brief, by mail, and serve one copy on the District Attorney. Upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed; and it is further, ORDERED that the motion which is to extend the time to serve and file a brief is granted, and on or before October 26, 2022, the respondent shall serve and file the respondent’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website. DILLON, J.P., CHAMBERS, MALTESE and VOUTSINAS, JJ., concur. By Nelson, J.P., Miller, Genovesi, Warhit, JJ. THE PEOPLE, ETC., res, v. STEPHON GREEN, app — Motion by Stephon Green pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered February 16, 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 Dillon, J.P., Chambers, Maltese, Voutsinas, JJ. THE PEOPLE, ETC., res, v. RALPH RODRIGUEZ, app — Appeal from a judgment of the Supreme Court, Queens County, rendered November 16, 2016. Motion by the appellant pro se for leave to serve and file a supplemental brief. 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 District Attorney shall file the transcripts of the proceedings, if any, and the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further, ORDERED that the appellant shall file the supplemental brief, by mail, and serve one copy on the District Attorney. Upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed. DILLON, J.P., CHAMBERS, MALTESE and VOUTSINAS, JJ., concur. By Dillon, J.P., Chambers, Maltese, Voutsinas, JJ. THE PEOPLE, ETC., res, v. LUIS A. SARAVIA, app — Appeal from a judgment of the County Court, Suffolk County, rendered December 6, 2017. Motion by the appellant pro se for leave to serve and file a supplemental brief. 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 it is further, ORDERED that the District Attorney shall file the transcripts of the proceedings, if any, and the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further, ORDERED that the appellant shall file the supplemental brief, by mail, and serve one copy on the District Attorney. Upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed. DILLON, J.P., CHAMBERS, MALTESE and VOUTSINAS, JJ., concur. By Nelson, J.P., Miller, Genovesi, Warhit, JJ. THE PEOPLE, ETC., res, v. AARON NATHANIEL, app — Motion by Aaron Nathaniel pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 9, 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 Nelson, J.P., Iannacci, Wooten, Zayas, JJ. IN THE MATTER OF JENNIFER CIOCOLA, res, v. MARC CIOCIOLA, app — (V-10730-2021, V-10731-2021) — Appeal from an order of the Family Court, Suffolk County, dated February 1, 2022, which was dismissed by decision and order on motion of this Court dated April 1, 2022, on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 6, part 3, and leave to appeal had not been granted. Motion by the appellant, inter alia, to recall and vacate the decision and order on motion of this Court dated April 1, 2022, for leave to appeal to this Court from the order dated February 1, 2022, and to stay all proceedings in the above-entitled matter, pending hearing and determination of the appeal. Application by the appellant to extend the time to perfect the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is ORDERED that the branches of the motion which are to recall and vacate the decision and order on motion of this Court dated April 1, 2022, and for leave to appeal to this Court from the order dated February 1, 2022, are denied, and the motion is otherwise denied as academic; and it is further, ORDERED that the application is denied as academic. BRATHWAITE NELSON, J.P., IANNACCI, WOOTEN and ZAYAS, JJ., concur. By Nelson, J.P., Miller, Genovesi, Warhit, JJ. THE PEOPLE, ETC., res, v. THEODORE LATIMORE, app — Motion by Theodore Latimore pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the County Court, Dutchess County, both rendered March 4, 2022, upon pleas 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 pleas 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: Kelley M. Enderley 222 Church St., 1st Fl. Poughkeepsie, NY 12601 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. FABRICE HADDAD, app, v. SOPHIE GEMEL SASSOON, res — Appeal by Fabrice Haddad from an order of the Supreme Court, Westchester County, dated June 16, 2021. Pursuant to Judiciary Law §35, and upon the certification of David Rifas, dated September 20, 2022, it is ORDERED that the respondent is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to respond to the appeal: Maria Joy Frank 2648 Windmill Drive Yorktown Heights, NY 10598 914-962-5802 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 appeal on or before October 17, 2022, in writing, that she has done so and that either (1) the respondent is interested in responding to the appeal, or (2) the respondent is not interested in responding to the appeal, 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 Nelson, J.P., Miller, Genovesi, Warhit, JJ. THE PEOPLE, ETC., res, v. MARVIN UMANZOR, app — Motion by Marvin Umanzor pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Suffolk County, rendered July 22, 2021, 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 opposition 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: Laurette D. Mulry Legal Aid Society of Suffolk County 300 Center Drive, PO Box 1697 Riverhead, NY 11901-3398 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 Nelson, J.P., Miller, Genovesi, Warhit, JJ. IN THE MATTER OF TITILOPE BODUNRIN, app, v. MONSURU BODUNRIN, res — (O-3970-2022) — Appeal from an order of the Family Court, Queens County, dated March 21, 2022. Motion by the appellant 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 granted; 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; 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 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 child, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that pursuant to Family Court Act §1120 the following named attorney is assigned as counsel to prosecute the appeal: Lauri Gennusa 22919 Merrick Blvd., #550 Laurelton, NY 11413 516-641-9999 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 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 DUHA A. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; RASHIDA C. (ANONYMOUS), res-app, MOHAMED A. (ANONYMOUS), res-res — (Proceeding No. 1); IN THE MATTER OF UMER F. A. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; RASHIDA C. (ANONYMOUS), res-app, MOHAMED A. (ANONYMOUS), res-res — (Proceeding No. 2) — (NA-03886-2020, NA-09302-2020) — Appeal by Rashida C. from an order of the Family Court, Queens County, dated February 10, 2022. By scheduling order dated April 1, 2022, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the scheduling order: (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; or (5) an affidavit or an affirmation withdrawing the appeal. The appellant has failed to comply with the scheduling order. Pursuant to §670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), 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 dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated April 1, 2022, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before October 17, 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 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 JUAN MARCIAL HUASCO, pet-res, v. MARIO LOJA CHIMBORAZO, app, ET AL., res — (V-1026-2022) — Appeal from an order of the Family Court, Rockland County, dated June 6, 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 dismissing the appeal in the above-entitled proceeding on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511), 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 26, 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 26, 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 or their attorneys, 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. GRASMERE BODY BUILDING, INC., ETC., res, v. 2071 CLOVE ROAD, LLC, app — Appeal from an amended decision of the Supreme Court, Richmond County, dated December 17, 2019. 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 dismissing the appeal in the above-entitled action on the ground that no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Co., 100 AD2d 509), 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 26, 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 26, 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 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 Connolly, J. THE PEOPLE, ETC., plf, v. TYRONE WYNN, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the County Court, Westchester County, dated July 13, 2022, which has been referred to me for determination. Upon the papers filed in support of the application and the papers filed in opposition thereto, it is ORDERED that the application is denied. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. ROSALI BENITEZ, app — Appeal by Rosali Benitez from a judgment of the Supreme Court, Suffolk County, rendered July 8, 2022, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Toni Marie Angeli, dated July 30, 2022, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Laurette D. Mulry Legal Aid Society of Suffolk County 300 Center Drive, PO Box 1697 Riverhead, NY 11901-3398 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. THE PEOPLE, ETC., res, v. HANSEL ESPARRAGOZA, app — Appeal by Hansel Esparragoza from a judgment of the Supreme Court, Richmond County, rendered August 17, 2022, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated August 22, 2022, it is 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 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. THE PEOPLE, ETC., res, v. MICHAEL SANCHEZ, app — Appeal by Michael Sanchez from a judgment of the Supreme Court, Richmond County, rendered August 3, 2022, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated August 29, 2022, it is 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 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. THE PEOPLE, ETC., res, v. FRANK VINCENT, app — Appeals by Frank Vincent from three judgments of the Supreme Court, Richmond County, all rendered August 3, 2022, upon pleas of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated August 29, 2022, it is 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 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 pleas 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. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. LAURA KASIOTIS, res, v. JOSEPH KASIOTIS, app — Appeal by Joseph Kasiotis from an order of the Supreme Court, Westchester County, dated July 15, 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 action shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Supreme 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 Supreme 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 JOSEPH LICATA, app, v. DEBRA M. KAPLAN, res — (V-18603-2019/2019A) — Appeal by Joseph Licata from an order of the Family Court, Suffolk County, dated August 1, 2022. By order on certification of this Court dated August 17, 2022, the following attorney was assigned as counsel for the appellant on the appeal: Abbe Shapiro 5507-10 Nesconset Hwy., Ste. 212 Mount Sinai, NY 11766 631-744-3346 By letter dated September 20, 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 August 17, 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. IN THE MATTER OF ANTONINA STAMPFL, app, v. JOHN STAMPFL, res — Appeal by Antonina Stampfl from an order of the Family Court, Rockland County, dated April 29, 2022. By scheduling order dated July 11, 2022, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the scheduling order: (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; or (5) an affidavit or an affirmation withdrawing the appeal. The appellant has failed to comply with the scheduling order. Pursuant to §670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), 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 dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 11, 2022, by 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 26, 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 26, 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 via email to the email address provided to this court, or if no email address is available for service by regular mail. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. J. A., res, v. ARCHDIOCESE OF NEW YORK, app, ET AL., def — Appeal by Archdiocese of New York from an order of the Supreme Court, Westchester County (Part CVA-R), dated April 11, 2022. By scheduling order dated May 25, 2022, the appellant was directed to perfect the appeal within 90 days of the date of the scheduling order. The appellant has failed to perfect the appeal. Pursuant to §670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), 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 dismissing the appeal in the above-entitled action for failure to comply with the scheduling order dated May 25, 2022, by each serving and filing an affirmation or affidavit on that issue, via NYSCEF, on or before October 26, 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 by uploading a copy of this order to show cause to the NYSCEF system. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Dillon, J.P., Chambers, Maltese, Voutsinas, JJ. DAVID AMENEYRO, res, v. PERLA XOCHITL HERNANDEZ, app — Appeal from an order of the Supreme Court, Kings County, dated June 16, 2022. Motion by Perla Xochitl Hernandez to stay all proceedings in the above-entitled matter and enforcement of the order, pending hearing and determination of the appeal, 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 opposition thereto, it is ORDERED that the branches of the motion which are to stay all proceedings in the above-entitled matter and enforcement of the order are denied; 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 granted; 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; 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; a self-represented party who is unable to upload a digital copy of a brief, may file one original copy with the Clerk of this Court, by regular mail, with proof of service of one hard copy on the other party (22 NYCRR 670.9[a]); additionally, the appellant’s assigned counsel 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(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 Supreme Court, and the clerk of the Supreme 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 Supreme 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 pursuant to Judiciary Law §35, the following named attorney is assigned as counsel to prosecute the appeal: Carol Kahn P.O. Box 1592 New York, NY 10028 212-744-7365 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 Supreme Court, Kings County. DILLON, J.P., CHAMBERS, MALTESE and VOUTSINAS, JJ., concur. By Dillon, J.P., Chambers, Maltese, Voutsinas, JJ. THE PEOPLE, ETC., res, v. GUSTAVO RAMOS, app — Motion by Gustavo Ramos pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Richmond County, rendered September 21, 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, in effect, 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 whether the appellant was represented by assigned counsel or retained counsel in the trial court and, if retained, the amount and source of counsel fees paid to retained counsel. DILLON, J.P., CHAMBERS, MALTESE and VOUTSINAS, JJ., concur. IN THE MATTER OF NADEIGE LINCOR, res, v. VICTOR CROWELL, app — (F-1328-2010) — Appeal by Victor Crowell from an order of the Family Court, Suffolk County, dated March 24, 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 NYLA S. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; JASON B. (ANONYMOUS), res-app, ET AL., res — (Proceeding No. 1); IN THE MATTER OF ALYSSA S. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; JASON B. (ANONYMOUS), res-app, ET AL., res — (Proceeding No. 2); IN THE MATTER OF JAYLA B. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; JASON B. (ANONYMOUS), res-app, ET AL., res — (Proceeding No. 3); IN THE MATTER OF JOY B. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; JASON B. (ANONYMOUS), res-app, ET AL., res — (Proceeding No. 4) — (N-15534-2019, N-15535-2019, N-15536-2019, N-15537-2019) — Appeal by Jason B. from an order of the Family Court, Queens County, dated May 18, 2022. By order on certification of this Court dated August 31, 2022, the following attorney was assigned as counsel for the appellant on the appeal: Mark Diamond Box 287356, Yorkville Station New York, NY 10128 917-660-8758 By letter dated September 21, 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 August 31, 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 Barros, J.P., Zayas, Ford, Taylor, JJ. STANLEY DAVIS, ETC., app, v. COMMACK HOTEL, LLC, ETC., ET AL., res — Appeal from an order of the Supreme Court, Suffolk County, dated May 20, 2022. Motion by the appellant, inter alia, to stay enforcement of the order and, in effect, all proceedings 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 thereto, it is ORDERED that the motion is denied. BARROS, J.P., ZAYAS, FORD and TAYLOR, JJ., concur. By Barros, J.P., Zayas, Ford, Taylor, JJ. STANLEY DAVIS, ETC., app, v. COMMACK HOTEL, LLC, ETC., ET AL., res — Appeal from an order of the Supreme Court, Suffolk County, dated August 22, 2022. Motion by the appellant to stay all proceedings in the above-entitled action and two actions pending before the Supreme Court, Suffolk County, entitled Davis v. Siben & Siben, LLC, under Supreme Court Index No. 140/2018, and Great American E & S Insurance Company v. Commack Hotel, LLC, under Supreme Court Index No. 615088/2016, and all appeals in those three actions, pending determination of a certain federal action. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. BARROS, J.P., ZAYAS, FORD and TAYLOR, JJ., concur. IN THE MATTER OF DEBORAH CARRIER, pet-res-res, v. MONIQUE RICHARDS, res-pet-res, ET AL., res; RAHMANIQUE W. (ANONYMOUS), nonparty-app — (V-6212-2022, V-9743-2022) — Appeal by Rahmanique W. from an order of the Family Court, Kings 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) 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.

Order on Application released on: September 26, 2022