Appellate Division, Second Department: June 2, 2023

Motion List released on: May 31, 2023

By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF NALIAH JUANITA VAZQUEZ, res, v. SHPRESIM HAXHAJ, app — (F-16736-2019/2022E) — Appeal by Shpresim Haxhaj from an order of the Family Court, Westchester County, dated July 19, 2022. By scheduling order dated April 7, 2023, 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 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. 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 7, 2023, by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court’s website, on or before June 30, 2023; 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 June 30, 2023; 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. THE PEOPLE, ETC., res, v. JERMAINE COLLINS, app — Appeals by Jermaine Collins from two judgments of the Supreme Court, Kings County, both rendered December 6, 2022, upon pleas of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Yung-Mi Lee, dated December 8, 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. By Taylor, J. THE PEOPLE, ETC., plf, v. BRUCE PARKER, 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 Supreme Court, Queens County, dated February 17, 2023 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. JOSHUA ANDREWS, app — Appeal by Joshua Andrews from a judgment of the Supreme Court, Kings County, rendered January 3, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Yung-Mi Lee, dated January 9, 2023, 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. SHEMAR D. (ANONYMOUS), app — Appeal by Shemar D. from a judgment of the Supreme Court,Kings County, rendered January 17, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Yung-Mi Lee, dated January 30, 2023, 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. DONNELL YOUNG, app — Appeal by Donnell Young from a judgment of the Supreme Court, Kings County, rendered January 25, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Yung-Mi Lee, dated January 26, 2023, 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. IN THE MATTER OF CHILDREN M. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; ANA M. (ANONYMOUS), res-app — (N-1137-2021, N-1138-2021, N-1139-2021) — Appeal by Ana M. from an order of the Family Court, Kings County, dated June 1, 2022. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Mary Cheng, dated May 24, 2023, it is ORDERED that pursuant to Family Court Act §1120, the following named attorney is assigned as the attorney for the child Rachel on the appeal: Janis A. Parazzelli 99 Tulip Avenue, #405 Floral Park, NY 11001 516-358-1409 and it is further, ORDERED that Mary Cheng is directed to turn over all papers in the proceeding to the new attorney for the child Rachel herein assigned. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. IN THE MATTER OF ELISA FORD, res, v. DANIEL DEGROAT, JR., app; BRIANA P. (ANONYMOUS), nonparty-app — (V-4824-2016/2022A) — Appeal by Daniel DeGroat, Jr., and separate appeal by Briana P. from an order of the Family Court, Orange County, dated March 15, 2023. By order on certification of this Court dated May 24, 2023, the following attorney was assigned as counsel for the appellant Briana P. on the appeals: Kelley M. Enderley 222 Church Street, 1st Floor Poughkeepsie, NY 12601 845-485-7530 ORDERED that the appeal of Briana P. 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 Briana P. shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or (3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or (4) an affidavit or an affirmation withdrawing the appeal of Briana P.; 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 appeals to show cause why the appeal of Briana P. should or should not be dismissed. By Maltese, J. THE PEOPLE, ETC., plf, v. GREGORY WILLIAMS, 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 Supreme Court, Kings County, dated March 21, 2023, 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. BARRINGTON VASSELL, app — Appeal by Barrington Vassell from a judgment of the Supreme Court, Kings County, rendered January 24, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Yung-Mi Lee, dated January 27, 2023, 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 Christopher, J. THE PEOPLE, ETC., plf, v. LUIS QUILES, 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 Supreme Court, Richmond County, dated March 2, 2023, 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. JOSE MATUTE, app — Appeal by Jose Matute from a judgment of the Supreme Court, Kings County, rendered January 12, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Yung-Mi Lee, dated January 17, 2023, 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. NESTOR CUESTA, app — Appeal by Nestor Cuesta from a judgment of the Supreme Court, Queens County, rendered September 29, 2022, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated October 20, 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. THE PEOPLE, ETC., res, v. MAMADOU COULIBALY, app — Appeal by Mamadou Coulibaly from a judgment of the Supreme Court, Queens County, rendered October 20, 2022, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Joseph Z. Amsel, dated October 23, 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. JASON JACOBS, app — Appeal by Jason Jacobs from a judgment of the Supreme Court, Kings County, rendered January 20, 2022, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra Ferlise, dated January 25, 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. JEFFREY GIBSON, app — Appeal by Jeffrey Gibson from a judgment of the Supreme Court, Kings County (IDV2 Part), rendered January 25, 2022, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexander Perlin, dated February 4, 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 Barros, J. THE PEOPLE, ETC., plf, v. MIGUEL MOLINAR, 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 Supreme Court, Queens County, dated December 15, 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. ANDY SANTANA, app — Appeals by Andy Santana from two judgments of the Supreme Court, Kings County, both rendered November 9, 2022, upon pleas of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmations of Judith Karpatkin, dated November 9, 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. By Barros, J. THE PEOPLE, ETC., plf, v. TONY MACK, 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 Supreme Court, Queens County, dated May 20, 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. RONALD GLADDEN, app — Appeal by Ronald Gladden from a judgment of the Supreme Court, Queens County, rendered September 26, 2022, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated October 18, 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 Barros, J. THE PEOPLE, ETC., plf, v. ALPHONSO KIRKSEY, 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, Orange County, dated February 21, 2023, 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. IN THE MATTER OF GABRIELLE GILBERT, res, v. LAWRENCE WHITAKER, app — (O-9848-2022) — Appeals by Lawrence Whitaker from two orders of the Family Court, Kings County, both dated January 27, 2023. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Ella Esha, dated May 24, 2023, 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: Lisa A. Manfro 58 School Street, Suite 201 Glen Cove, NY 11542 954-829-6158 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 June 21, 2023, 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 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 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 Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. AZHARUL ISLAM, app — Appeal by Azharul Islam from a judgment of the Supreme Court, Queens County, rendered December 13, 2022, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated December 19, 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. THE PEOPLE, ETC., res, v. DENZEL L. (ANONYMOUS), app — Appeals by Denzel L. from two judgments of the Supreme Court, Kings County, both rendered November 22, 2022, upon pleas of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Julie Krumwiede, dated December 8, 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. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. ROLAND HENEGAN, app — Appeal by Roland Henegan from a judgment of the Supreme Court, Kings County, rendered December 5, 2022, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated December 13, 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. PATRICK HOLLOWAY, plf-res, v. ORTHODOX CHURCH IN AMERICA, ET AL., def-res, ET AL., def; STEVEN SARAFIAN, nonparty-app — Appeal by Steven Sarafian from an order of the Supreme Court, Westchester County, dated May 16, 2023. 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 90 days of the date of this scheduling order; and it is further, ORDERED that if the appellant does not perfect the appeal within 90 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 Connolly, J.P., Nelson, Rivera, Voutsinas, JJ. JOHN DOE, res, v. MESIVTHA, INC., ETC., ET AL., app, ET AL., def — Appeals from two orders of the Supreme Court, Kings County, both dated December 23, 2021. Motion by the appellants to hold the appeals in abeyance. 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. CONNOLLY, J.P., BRATHWAITE NELSON, RIVERA and VOUTSINAS, JJ., concur. By Connolly, J.P., Nelson, Rivera, Voutsinas, JJ. ALEKSANDR BABADZHANOV, app, v. B&L HEALTH INC., ETC., res — Appeal from an order of the Supreme Court, Nassau County, dated November 13, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal 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. CONNOLLY, J.P., BRATHWAITE NELSON, RIVERA and VOUTSINAS, JJ., concur. By Connolly, J.P., Nelson, Chambers, Voutsinas, JJ. MD SUMSURZAHA, res, v. RALPH A. CORSO, ET AL., app — Appeal from an order of the Supreme Court, Queens County, dated February 4, 2022. The appellants perfected the appeal on October 17, 2022, and the respondent filed a brief on January 17, 2023. In response to a status inquiry by this Court on April 12, 2023, appellate counsel for the respondent informed the Court that there was no impediment to the calendaring of the appeal. The matter was placed on the calendar for May 25, 2023. On May 17, 2023, counsel for the appellants informed this Court that the action had settled. The parties submitted a stipulation withdrawing the appeal on May 17, 2023. Counsel for the appellants then informed this Court that the action settled in or about November 2022, and that the action was marked disposed by the Supreme Court, Queens County on February 21, 2023. Now, on the Court’s own motion, it is ORDERED that Landman, Corsi, Ballaine & Ford, P.C., the appellants’ counsel, Pollack, Pollack, Isaac & DeCicco, LLP, the respondent’s appellate counsel, and Subin Associates, LLP, the respondent’s trial counsel are directed to show cause before this Court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against them pursuant to 22 NYCRR 1250.2(c) as this Court may deem appropriate, by each serving and filing an affirmation or affidavit on that issue, via NYSCEF, on or before June 30, 2023; 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 by uploading a copy of this order to show cause to the NYSCEF system. CONNOLLY, J.P., BRATHWAITE NELSON, CHAMBERS and VOUTSINAS, JJ., concur. By Connolly, J.P., Nelson, Rivera, Voutsinas, JJ. ESTATE OF BAHAR UDDIN, ET AL., app, v. MOHAMMED TARA MIAH, res; ESTATE OF BAHAR UDDIN, ET AL., app, v. MOHAMMED TARA MIAH, res — Appeals from two orders of the Supreme Court, Queens County, dated September 20, 2022, and November 15, 2022, respectively. Motion by the appellants to consolidate the appeals, or, in the alternative, to calendar and determine the appeals together. 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 branch of the motion which is to consolidate the appeals is denied; and it is further, ORDERED that the branch of the motion which is to calendar and determine the appeals together is granted, and the appeals will be calendared together and will be argued or submitted on the same date. CONNOLLY, J.P., BRATHWAITE NELSON, RIVERA and VOUTSINAS, JJ., concur. By Connolly, J.P., Nelson, Rivera, Voutsinas, JJ. DANIEL MONTALTO, ET AL., plf-res, v. COLGATE SCAFFOLDING CORP., def, KSK CONSTRUCTION GROUP, LLC, def third-party plf-res-app, FULTON CORNER OWNER, LLC, def fourth-party plf-res-app, FULTON CORNER ACQUISITION, LLC, def-res, TRANSCOPE COMPANIES, def-res-app; THYSSENKRUPP ELEVATOR CORPORATION, third-party def-app-res; CS BRIDGE CORP., fourth-party def-res-app — Appeal and cross appeals from an order of the Supreme Court, Suffolk County, dated March 31, 2021. Motion by the appellant-respondent Thyssenkrupp Elevator Corporation to strike stated portions of the brief of the respondents-appellants KSK Construction Group, LLC, and Fulton Corner Owner, LLC, on the grounds that they refer to matter dehors the record and improperly raise arguments for the first time on the appeal and cross appeals. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal and cross appeals for determination upon the argument or submission thereof. CONNOLLY, J.P., BRATHWAITE NELSON, RIVERA and VOUTSINAS, JJ., concur. By Connolly, J.P., Nelson, Rivera, Voutsinas, JJ. ANGELA SANCHEZ-TRUJILLO, app, v. BEACH 119, LLC, res — Appeal from an order of the Supreme Court, Queens County, dated May 24, 2022. Motion by the appellant to deem the notice of appeal from the order to be a notice of appeal from a judgment of the Supreme Court, Queens County, dated June 26, 2022. Separate motion by the appellant to extend the time to perfect the 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 to deem the notice of appeal from the order to be a notice of appeal from the judgment is granted, and the notice of appeal from the order is deemed to be a notice of appeal from the judgment dated June 26, 2022 (see CPLR 5512[a]); and it is further, ORDERED that the motion to extend the time to perfect the appeal is granted, and on or before June 30, 2023, 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. CONNOLLY, J.P., BRATHWAITE NELSON, RIVERA and VOUTSINAS, JJ., concur. By Connolly, J.P., Nelson, Rivera, Voutsinas, JJ. BANK OF AMERICA, N.A., res, v. BARRY S. CORD, ETC., app, ET AL., def; BANK OF AMERICA, N.A., res, v. BARRY S. CORD, ETC., app, ET AL., def — Appeals from two orders of the Supreme Court, Dutchess County, dated June 8, 2022, and February 10, 2023, respectively. Motion by the appellant to stay the foreclosure sale of the subject property, pending hearing and determination of the appeals, and 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; and it is further, ORDERED that on the Court’s own motion, the appeals will be calendared together and will be argued or submitted on the same date. CONNOLLY, J.P., BRATHWAITE NELSON, RIVERA and VOUTSINAS, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF ABIGAIL A. (ANONYMOUS). ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, pet-res; JAMES A. (ANONYMOUS), res-app — (Proceeding No. 1); IN THE MATTER OF HANNA A. (ANONYMOUS). ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, pet-res; JAMES A. (ANONYMOUS), res-app — (Proceeding No. 2) — (N-629-2021, N-630-2021) — Appeal by James A. from an order of the Family Court, Orange County, dated October 20, 2022. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Kristy L. Horaz, dated September 27, 2022, it is ORDERED that pursuant to Family Court Act §1120, the following named attorney is assigned as the attorney for the child on the appeal: Gloria Marchetti-Bruck 455 Hamilton Ave Suite 1102 White Plains, NY 10601 (914) 205-3163 and it is further, ORDERED that Kristy L. Horaz, is directed to turn over all papers in the proceeding to the new attorney for the child herein assigned. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Connolly, J.P., Nelson, Rivera, Voutsinas, JJ. IN THE MATTER OF CHRISTOPHER HEADY, pet, v. VINCENT BETTINA, ETC., res — Proceeding pursuant to Public Officers Law §36 to remove the respondent from the public office of Highway Superintendent of the Town of Wappinger. By order to show cause dated March 15, 2023, the parties were directed to show cause before this Court why the proceeding should or should not be dismissed on the ground that the proceeding has been rendered academic. Now, upon the order to show cause and no papers having been filed in response thereto, it is ORDERED that the motion is granted and the proceeding is dismissed, without costs or disbursements. CONNOLLY, J.P., BRATHWAITE NELSON, RIVERA and VOUTSINAS, JJ., concur. By Connolly, J.P., Nelson, Rivera, Voutsinas, JJ. THE PEOPLE, ETC., res, v. BRIAN POPE, app — Appeal from a judgment of the Supreme Court, Kings County, rendered November 12, 2010. By decision and order on motion of this Court dated February 15, 2023, the motion by the appellant’s retained counsel for leave to withdraw as counsel for the appellant was granted and retained counsel was ordered to serve their client by one of the methods specified in CPLR 2103(c), with a copy of the decision and order on motion dated February 15, 2023, and file proof of such service with the Clerk of this Court on or before March 17, 2023. Application by retained counsel to extend the time to comply with the decision and order on motion dated February 15, 2023. 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 application is granted and on or before June 30, 2023, retained counsel shall serve their client by one of the methods specified in CPLR 2103(c), with a copy of the decision and order on motion February 15, 2023, and shall file proof of such service with the Clerk of this Court; and it is further, ORDERED that no further proceedings shall be taken against the appellant, without leave of this Court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended and the appellant shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.5) and written directions. CONNOLLY, J.P., BRATHWAITE NELSON, RIVERA and VOUTSINAS, JJ., concur. By Connolly, J.P., Nelson, Rivera, Voutsinas, JJ. IN THE MATTER OF MERRY ERIKSSON, plf-res, v. ANDREW DEVLIN, app-res; ERIKSSON D. (ANONYMOUS), res-app — (V-14-2020/202A, V-14-2020/2021B, O-10-2022, O-17-2021) — On the Court’s own motion, it is ORDERED that the decision and order on motion of this Court dated May 26, 2023, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor: Appeal by Andrew Devlin and cross appeal by Eriksson D. from an amended order of the Supreme Court, Orange County (IDV Part), dated January 19, 2023. Motion by the appellant-respondent to stay enforcement of the order, pending hearing and determination of the appeal and cross appeal, and to relieve assigned counsel and for the assignment of new counsel to prosecute the appeal. The following named attorney was assigned as attorney for the appellant-respondent by the Supreme Court, Orange County: Legal Aid Society of Orange County Box 328 Goshen, NY 10924 845-562-1333 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 to stay enforcement of the order is denied; and it is further, ORDERED that the branch of the motion which is to relieve assigned counsel and assign new counsel is granted, and said attorney for appellant-respondent is directed to turn over all papers in the action to new counsel herein assigned; and it is further, ORDERED that pursuant to Family Court Act §1120 the following named attorney is assigned as counsel to prosecute the appeal: Steven Feinman One North Broadway, Ste. 412 White Plains, NY 10601 914-949-8214 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 the appeal and cross 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 Supreme Court, and the clerk of the Supreme Court shall furnish one of such certified transcripts to the attorney for the appellant-respondent, 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 attorney for the appellant-respondent. The attorney for the appellant-respondent is directed to provide copies of said transcripts to all of the other parties to the appeal and cross appeal, when the attorney for the appellant-respondent serves a brief upon those parties; and it is further, ORDERED that the filing fee is waived; and it is further, ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal and cross appeal are taken. CONNOLLY, J.P., BRATHWAITE NELSON, RIVERA and VOUTSINAS, JJ., concur. By Iannacci, J.P., Wooten, Voutsinas, Wan, JJ. IN THE MATTER OF ANNE MARIE MCARDLE, ET AL., app, v. CITY OF YONKERS, ET AL., res — Appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated April 21, 2023. Motion by the appellants for a preference in the calendaring of the appeal. Application by the respondents to extend the time to serve and file a brief. Upon the papers filed in support of the motion and the application and the papers filed in opposition thereto, it is ORDERED that the motion is denied as unnecessary as the appeal has been placed on the Court’s calendar for June 23, 2023; and it is further, ORDERED that the application is denied. IANNACCI, J.P., WOOTEN, VOUTSINAS and WAN, JJ., concur.