Motion List released on: August 4, 2023
By Wooten, J. THE PEOPLE, ETC., res, v. DAVID MARMOL, app — Appeal from a judgment of the County Court, Suffolk County, rendered July 11, 2023. Motion by the appellant pursuant to CPL 460.50 for a stay of execution of said judgment, and to be released on his own recognizance or, in the alternative, to fix reasonable bail. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. VICETE GERARDRAY, app — Appeal by Vicete Gerardray from a judgment of the Supreme Court, Queens County, rendered June 22, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated July 21, 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 Duffy, J.P., Nelson, Dowling, Warhit, JJ. IN THE MATTER OF PAUL I. FAGAN, ET AL., app, v. PLANNING BOARD OF INCORPORATED VILLAGE OF SOUTHAMPTON, ET AL., res — Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated May 22, 2023. Motion by the appellants for a preliminary injunction enjoining the respondents from taking certain actions, pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. CLINTON KNOLL, ET AL., plf, KAREN KNOLL, plf-res, v. L&M SPRING VALLEY, LLC, ET AL., def-res, ET AL., def; HARRIS BEACH PLLC, nonparty-app (AND A THIRD-PARTY ACTION) — Appeal from an other of the Supreme Court, Orange County, dated April 4, 2023. Motion by the appellant to stay enforcement of the order, pending hearing and determination of the appeal, or, in the alternative, for a preference in the calendaring of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. ROSE ANN BELOSA, res, v. ROMAN CATHOLIC CHURCH OF THE AMERICAN MARTYRS, app — Appeal from an order of the Supreme Court, Queens County, dated February 17, 2022. Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. JAQUAN ODEN, app — Appeal by Jaquan Oden from a judgment of the County Court, Nassau County, rendered May 30, 2023, following a trial. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of John Healy, dated July 23, 2023, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Steven A. Feldman 1129 Northern Blvd., Suite 404 Manhasset, NY 11030 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. IN THE MATTER OF FLORENCE ONYIUKE, res, v. EISENHOWER C. ONYIUKE, app — (O-13983-2022) — Appeal by Eisenhower C. Onyiuke from an order of the Family Court, Queens County, dated May 18, 2023. By order on certification of this Court dated July 28, 2023, the following attorney was assigned as counsel for the appellant on the appeal: David Laniado 411 Westminster Road, #2 Cedarhurst, NY 11516 516-599-8999 By letter dated August 1, 2023, 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 July 28, 2023, 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 Duffy, J.P., Nelson, Dowling, Warhit, JJ. GRETEL WESTON, ETC., app, v. STATEN ISLAND CARE CENTER, LLC, ET AL., res — Appeals from a judgment of the Supreme Court, Kings County, dated April 14, 2023, and an order of the same court dated March 16, 2023. Motion by the appellant for a preference in the calendaring of the appeals and, in effect, for an expedited briefing schedule. 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 for a preference is granted and the appeals will be calendared expeditiously after all of the briefs have been filed; and it is further, ORDERED that the motion is otherwise denied. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. BANK OF NEW YORK MELLON, ETC., plf-res, v. GEORGE BUB, ETC., def-res, GINA R. DECINTIO-BUB, ETC., app, ET AL., def — Appeal from an order of the Supreme Court, Suffolk County, dated December 17, 2021. Motion by the plaintiff-respondent, inter alia, to dismiss the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice, and leave to appeal has not been granted. 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 dismiss the appeal on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice, and leave to appeal has not been granted is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further, ORDERED that the motion is otherwise denied as academic. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. DORIC & STAVROS CONTRACTING, INC., app, v. 171-24TH STREET, JACKSON HEIGHTS INCORPORATED, res — Appeal from an order of the Supreme Court, Queens County, dated August 28, 2019. Motion by Magnotti Law Firm, PLLC, for leave to withdraw as counsel for the appellant. 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 September 5, 2023, Magnotti Law Firm, PLLC, shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court, via email at [email protected]; and it is further, ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon it of a copy of this decision and order on motion; and it is further, ORDERED that on or before October 5, 2023, the appellant shall advise this Court, in writing, of the name and address of new counsel, or the appeal will be dismissed, without further notice. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. RYAN ABBOTT, app, v. RACHEL MCSHANE-ABBOTT, res — Appeal from an order of the Supreme Court, Westchester County, dated December 6, 2021. Renewed motion by the appellant to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g). Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied, without prejudice to renew, on or before September 5, 2023, upon proper papers, and upon a showing of good cause for the waiver of certification, which shall include setting forth an inability to certify by any of the methods set forth in 22 NYCRR 1250.7(g); and it is further, ORDERED that on the Court’s own motion, the time to perfect the appeal is extended, and on or before October 5, 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. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. IN THE MATTER OF PRINCE N. M. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; CONSWELA B. F. (ANONYMOUS), res-app, ET AL., res — (Proceeding No. 1); IN THE MATTER OF PRESTON M. I. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; CONSWELA B. F. (ANONYMOUS), res-app, ET AL., res — (Proceeding No. 2) — (NN-1390-2023, NN-1391-2023) — Appeal by Conswela B. F. from an order of the Family Court, Richmond County, dated June 5, 2023. By order on certification of this Court dated July 24, 2023, the following attorney was assigned as counsel for the appellant on the appeal: Yasmin Daley Duncan 386 Parkside Avenue Brooklyn, NY 11226 866-565-3441 By letter dated August 1, 2023, 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 July 24, 2023, 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 Duffy, J.P., Nelson, Dowling, Warhit, JJ. IN THE MATTER OF ROBERT GELLMAN, DECEASED. BARBARA BRIZEL, ET AL., app-res; ROCHELLE GELLMAN STONE, res-app — Appeal and cross appeal from a decision of the Surrogate’s Court, Kings County, dated May 2, 2023. Motion by the appellants-respondents to stay all discovery, including certain depositions, in the above-entitled proceeding, pending hearing and determination of the appeal and cross-appeal, and for a preference in the calendaring of the appeal and cross-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. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. THE PEOPLE, ETC., res, v. MAX SERRANO, app — Appeal from a judgment of the County Court, Suffolk County, rendered February 7, 2023. Motion by the appellant to continue a stay of execution of said judgment which was granted by decision and order on motion of this Court dated February 28, 2023. 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 stay of execution of the judgment granted by the decision and order on motion of this Court dated February 28, 2023, is extended pending hearing and determination of the appeal on condition that the appeal is perfected by October 31, 2023, and upon the same bail conditions imposed by the decision and order on motion of this Court dated February 28, 2023; and it is further, ORDERED that this stay shall terminate and be of no further effect as of October 31, 2023, and the appellant shall thereafter surrender himself to the County Court, Suffolk County, to serve the sentence imposed, unless the appeal shall be perfected by that date, or unless this Court shall have extended this order; and it is further, ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to begin the execution of sentence; and it is further, ORDERED that counsel for the appellant shall serve a copy of this decision and order on motion, by mail, on the clerk of the court from which the appeal is taken. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. IN THE MATTER OF MASSIMO MAFFEI, app, v. ROBIN VINGO-HEXNER, res — (O-6542-2022, V-06542-2022, V-06695-2022/22/23C,D,E,G) — Appeal from an order of the Family Court, Westchester County, dated April 28, 2023. By order to show cause dated May 19, 2023, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that no appeal lies as of right from a nondispositional order in proceedings pursuant to Family Court Act article 6, part 3 and article 8 (see Family Ct Act §1112), and leave to appeal has not been granted. 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 appeal is dismissed, without costs or disbursements. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. IN THE MATTER OF MASSIMO MAFFEI, app, v. ROBIN HEXNER-VINGO, res — (V-1944-2023) — Appeal from an order of the Family Court, Westchester County, dated April 28, 2023. By order to show cause dated May 19, 2023, the parties were directed to show cause before this Court why the appeal should or should not be dismissed 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 (see Family Ct Act §1112), and leave to appeal has not been granted. 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 appeal is dismissed, without costs or disbursements. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. US BANK NATIONAL ASSOCIATION, ETC., res, v. FRANCISCO PROCEL, app, ET AL., def — Appeal from an undated order of the Supreme Court, Richmond County. On the Court’s own motion, it is ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. THE PEOPLE, ETC., res, v. MARK BLUE, app — Appeal from a judgment of the Supreme Court, Westchester County, rendered February 22, 2010. Motion by the appellant pro se to relieve assigned counsel and for the assignment of new counsel. The appellant’s motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on April 29, 2010, and the following named attorney was assigned as counsel to prosecute the appeal: Kenneth L. Bunting 125 Dobbs Ferry Road White Plains, NY 10607-2004 Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further, ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Mark Diamond Box 388 Pound Ridge, NY 10576-9919 and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. IN THE MATTER OF NILOFER C. NAQVI, app, v. LYZARDO F. VALEDON, res — (V-747-2021/2022B, V-747-2021/2021A, V-746-2021/2022C, V-746-2021/2022B, V-746-2021/2021A, V-747-2021/2022C) — Appeal from an order of the Family Court, Westchester County, dated February 28, 2023. Motion by the respondent’s assigned counsel to be relieved of the assignment and for the assignment of new counsel. By order on certification of this Court dated May 3, 2023, the following attorney was assigned to respond to the appeal: George E. Reed 222 Mamaroneck Avenue, #303 White Plains, NY 10605 914-946-5000 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 said assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further, ORDERED that pursuant to Family Court Act §1120 the following named attorney is assigned as counsel to respond to the appeal: William David Eddy, Jr. One Barker Ave., Suite 230 White Plains, NY 10601 914-949-0109 and it is further, ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. RONALD ROCHESTER, ET AL., res, v. U.S. BANK, N.A., ET AL., app, ET AL., def — Appeal from an order of the Supreme Court, Nassau County, dated January 12, 2023. Application by Melissa M. Coates, an attorney in good standing in the State of Florida, to be admitted pro hac vice to represent the appellants on the appeal. 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. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. JAMES JONES, app — Appeals by James Jones from two judgments of the Supreme Court, Richmond County, both rendered June 15, 2023, upon pleas of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated July 12, 2023, 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. SUZANNE WHITMAN, app — Appeal by Suzanne Whitman from a judgment of the County Court, Dutchess County, rendered May 17, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Jennifer Burton, dated July 21, 2023, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Thomas N. N. Angell Dutchess County Public Defender 45 Market Street Poughkeepsie, NY 12601 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. IN THE MATTER OF EDWIN ACEVEDO, res, v. MAIREAD CASSIDY, app — (V-3281-2019) — Appeal by Mairead Cassidy from an order of the Family Court, Queens County, dated June 9, 2023. By order on certification of this Court dated July 7, 2023, the following attorney was assigned as counsel for the appellant on the appeal: Marion C. Perry 228 East 45th Street, Suite 900 New York, NY 10017 347-674-8716 By letter dated August 2, 2023, 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 July 7, 2023, 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 Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. SUZANNE M. WHITMAN, app — Appeal by Suzanne Whitman from a judgment of the County Court, Dutchess County, rendered May 17, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Jennifer Burton, dated July 21, 2023, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Thomas N. N. Angell Dutchess County Public Defender 45 Market Street Poughkeepsie, NY 12601 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. CHAD WATSON, app — Appeal by Chad Watson from a judgment of the County Court, Nassau County, rendered April 27, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of P. Spike Kauffman, dated May 19, 2023, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Jillian S. Harrington P.O. Box 131621 Staten Island, NY 10313 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 CLESSLYN BAILEY, DECEASED. KIMBERLY PERSAUD, app; MARVA GORDON-STEEL, ETC., nonparty-res — On the Court’s own motion, it is ORDERED that the order to show cause of this Court dated July 28, 2023, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor: Appeal from a purported order of the Surrogate’s Court, Kings County, dated March 17, 2023. On the Court’s own motion, it is ORDERED that the parties are directed to show cause why the appeal should or should not be dismissed on the ground that no order of the Surrogate’s Court, Kings County, dated March 17, 2023, was issued in the above-entitled matter, or in the alternative, that no appeal lies from the denial of an application to sign an order to show cause (see Khanal v. Sheldon, 74 AD3d 894; Matter of Astoria Gas Turbine Power, LLC v. Tax Commn. of City of N.Y., 14 AD3d 553; CPLR 5701), by each serving and filing an affirmation or affidavit on that issue, via NYSCEF, on or before September 5, 2023; and it is further, ORDERED that the Acting Clerk of the Court, or his designee, shall 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 Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. LEON DRUMGOOLE, app — Appeal by Leon Drumgoole from a judgment of the Supreme Court, Kings County, rendered July 17, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated July 24, 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. ZAWADI ROACH, app — Appeal by Zawadi Roach from a judgment of the Supreme Court, Kings County, rendered July 20, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated July 24, 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. KAMEL WISE, app — Appeal by Kamel Wise from a judgment of the Supreme Court, Queens County, rendered June 22, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated July 24, 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 Duffy, J.P., Nelson, Dowling, Warhit, JJ. IN THE MATTER OF SHIMON HABER, ET AL., app, v. TOWN OF RAMAPO, ET AL., res — Appeal from an order of the Supreme Court, Rockland County, dated May 3, 2022. Motion by the respondents to dismiss the appeal on the ground that the appeal has been rendered academic, or, in the alternative, to extend the time to serve and file a brief. 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 dismiss the appeal on the ground that it has been rendered academic is granted, and the appeal is dismissed, without costs or disbursements; and it is further, ORDERED that the motion is otherwise denied as academic. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. IN THE MATTER OF 563 GRAND MEDICAL, P.C., ETC., res, v. COUNTRY-WIDE INSURANCE COMPANY, app — Appeal from an order of the Supreme Court, Kings County, dated December 21, 2020. Motion by the respondent to dismiss the appeal on the ground that the appellant forfeited its right to appeal from the order by participating in a subsequent arbitration proceeding. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. IN THE MATTER OF NGOZI DODD, res, v. NORMAN G. DODD, app — (F-110-2019) — Appeal from an order of the Family Court, Kings County, dated March 16, 2023. Motion by the appellant, inter alia, in effect, to stay enforcement of the order, 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. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. IN THE MATTER OF JOHN LEPPER, app, v. VILLAGE OF BABYLON, ET AL., res — Appeal from an order of the Supreme Court, Suffolk County, dated April 11, 2022. Motion by the respondents to strike stated portions of the appellant’s reply brief on the ground that they refer to matter dehors the record and for an award of costs. 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 strike stated portions of the appellant’s reply brief is granted, the first, second and fifth paragraphs of page 9, the first, second, and third paragraphs of page 10, the first paragraph of page 12, and the first paragraph of page 27 of the appellant’s reply brief are stricken, and on or before September 5, 2023, the appellant shall serve and file, via NYSCEF, a replacement brief that does not contain the stricken material and is in other respects the same as the brief previously filed; and it is further, ORDERED that the branch of the motion which is for an award of costs is denied. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. IN THE MATTER OF JOHN LEPPER, app, v. VILLAGE OF BABYLON, ET AL., res — Appeal from an order of the Supreme Court, Suffolk County, dated October 26, 2021. Motion by the respondents to strike stated portions of the appellant’s reply brief on the ground that they refer to matter dehors the record and for an award of costs. 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 strike stated portions of the appellant’s reply brief is granted, the second paragraph of page 3 and the third paragraph of page 26 of the appellant’s reply brief are stricken, and on or before September 5, 2023, the appellant shall serve and file, via NYSCEF, a replacement brief that does not contain the stricken material and is in other respects the same as the brief previously filed; and it is further, ORDERED that the branch of the motion which is for an award of costs is denied. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. ARUNA ADVANI, app, v. BRENDA TRINIDAD, ET AL., res — Appeal from an order of the Supreme Court, Queens County, dated November 4, 2022. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order denying reargument and on the ground that the appeal was untimely taken. 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 dismiss the appeal on the ground that no appeal lies from an order denying reargument is granted and the appeal is dismissed, without costs or disbursements; and it is further, ORDERED that the motion is otherwise denied as academic. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Duffy, J.P., Nelson, Dowling, Warhit, JJ. THE PEOPLE, ETC., res, v. VANESSA BARAHANA, app — Motion by Vanessa Barahana pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered December 13, 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. DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur. By Maltese, J. THE PEOPLE, ETC., plf, v. GREGORY WILLIAMS, def — Motion by the defendant for leave to reargue his prior application 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 was denied by me in a decision and order on application dated May 31, 2023. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. By Warhit, J. THE PEOPLE, ETC., plf, v. ALAN PAWELSKY, def; THE PEOPLE, ETC., plf, v. ANDREW PAWELSKY, def; THE PEOPLE, ETC., plf, v. TIMOTHY MOONEY, def — Application by the defendants pursuant to CPL 245.70(6) to vacate or modify a ruling of an Acting Justice of the Supreme Court, Nassau County, as set forth in a protective order of that Court dated July 27, 2023. Upon the papers filed in support of the application and the papers filed in opposition thereto, it is ORDERED that the application pursuant to CPL 245.70(6) is denied; and it is further, ORDERED that the documents submitted under seal by the People in connection with this application pursuant to CPL 245.70(6) are deemed to be filed under seal, and shall continue to be sealed.
