Motion List released on: October 18, 2023
By Nelson, J.P., Chambers, Dowling, Wan, JJ. IN THE MATTER OF CHRISTINE BRYANT, res, v. CRAIG D. BRYANT, app — (V-0349-2022/22A, V-0350-2022/22A, V-0351-2022/22A, V-2841-2022/22A, V-2842-2022/22A, V-2843-2022/22A, O-0714-2023) — Appeal from an order of the Family Court, Orange County, dated September 1, 2023. 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 nondispositional orders 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. BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur. By Nelson, J.P., Chambers, Dowling, Wan, JJ. IN THE MATTER OF ROMAN BRIK, app, v. ILANA STROUTSOVSKY, res — (V-1268-2020/20A, V-1269-2020/20A) — Appeal from an order of the Family Court, Richmond County, dated August 17, 2023. 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 a nondispositional order in proceedings pursuant to Family Court Act article 6, part 3 (see Family Ct Act §1112), and leave to appeal has not been granted. BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur. By Nelson, J.P., Chambers, Warhit, Taylor, JJ. UNION MUTUAL FIRE INSURANCE COMPANY, plf, v. ZNIA LLC, def third-party plf-app; UNITED STATES LIABILITY INSURANCE COMPANY, third-party def-res, ET AL., third-party def — Appeal from an order of the Supreme Court, Kings County, dated October 1, 2021. Motion by the respondent to strike stated portions of the appellant’s brief and stated portions of the record on the ground that they refer to matter dehors the record. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted, the appellant’s brief and record are stricken, and on or before November 17, 2023, the appellant shall serve and file, via NYSCEF, a replacement brief that does not contain Point I and Point III and is in other respects the same as the brief previously filed, and a replacement record that does not contain the material currently included in the record at pages 479 through 1089. BRATHWAITE NELSON, J.P., CHAMBERS, WARHIT and TAYLOR, JJ., concur. By Maltese, J.P., Ford, Warhit, Ventura, JJ. IN THE MATTER OF CHARLES LANE, app, v. COUNTY OF NASSAU, ET AL., res — Appeal from an order of the Supreme Court, Nassau County, dated August 26, 2021. Motion by the appellant to extend the time to serve and file a reply brief. Motion by the respondents, inter alia, in effect, to dismiss the appeal on the ground that the record is inadequate. Upon the papers filed in support of the motion by the appellant and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the respondent and the papers filed in opposition thereto, it is ORDERED on the Court’s own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from so much of the order as denied an award of attorney’s fees on the ground that this portion of the order has been superseded by an order of the same court dated February 17, 2022, by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before November 17, 2023; and it is further, ORDERED that the Acting Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel by uploading a copy of this order to show cause to the NYSCEF system; and it is further, ORDERED that the motions are held in abeyance in the interim. MALTESE, J.P., FORD, WARHIT and VENTURA, JJ., concur. By Nelson, J.P., Chambers, Dowling, Wan, JJ. IN THE MATTER OF ROMAN K. BRIK, app, v. ILANA STROUTSOVSKY, res — (V-1268-2020/20A, V-1268-2020/22B, V-1269-2020/22B) — Appeal from an order of the Family Court, Richmond County, dated August 21, 2023. 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 a nondispositional order in proceedings pursuant to Family Court Act article 6, part 3 (see Family Ct Act §1112), and leave to appeal has not been granted. BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. TOVA DAHAN, app, v. MEIR DAHAN, res — Appeal from an order of the Supreme Court, Nassau County, dated April 17, 2023. On the Court’s own motion, it is ORDERED that so much of an order on application of this Court, entitled “[i]n the Matter of Applications for Extensions of Time” dated October 11, 2023, as extended the time to perfect the appeal is recalled and vacated. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Duffy, J.P., Miller, Ford, Dowling, JJ. NATIONAL CITY MORTGAGE CO., res, v. JOEL WERCBERGER, ET AL., def; BERISH WELZ, intervenor-app — Appeal from an order of the Supreme Court, Kings County, dated November 4, 2022. Motion by the appellant to stay all proceedings in the above-entitled matter, 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., MILLER, FORD and DOWLING, JJ., concur. By Connolly, J.P., Genovesi, Warhit, Taylor, JJ. GLOBALIZED REALTY GROUP, LLC, res, v. CROSSROADS REALTY NY, LLC, ET AL., app — Appeal from a judgment of the Supreme Court, Suffolk County, dated February 22, 2023. Motion by the appellants to stay enforcement of the judgment, pending hearing and determination of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. CONNOLLY, J.P., GENOVESI, WARHIT and TAYLOR, JJ., concur. By Connolly, J.P., Genovesi, Warhit, Taylor, JJ. BANK OF AMERICA, N.A., ETC., res, v. FEDIE R. REDD, app — Appeal from an order of the Supreme Court, Nassau County, dated July 18, 2023. Motion by the appellant, inter alia, for leave to appeal to this Court from the order and to stay the sale and transfer of the subject property, pending hearing and determination of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further, ORDERED that the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further, ORDERED that the motion is otherwise denied as academic. CONNOLLY, J.P., GENOVESI, WARHIT and TAYLOR, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF BAKARI K. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; VIRGINIA V. (ANONYMOUS), res-app — (Proceeding No. 1); IN THE MATTER OF KIARAH V. R. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; VIRGINIA V. (ANONYMOUS), res-app — (Proceeding No. 2) — (NN-8909-2020, NN-6591-2021) — Appeal by Virginia V. from an order of the Family Court, Kings County, dated September 8, 2023. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Deborah Michal Frankel, dated October 2, 2023, it is ORDERED that the appellant is granted leave to proceed as a poor person on the appeal and the following named attorney is assigned as counsel to prosecute the appeal: Brooklyn Defender Services Family Defense Practice 177 Livingston Street, 7th Floor Brooklyn, NY 11201 347-592-2500 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties, who are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[e]; Family Ct Act §1116); and it is further, ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that assigned counsel shall serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further, ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this order; and it is further, ORDERED that within 30 days after the date of this order, the assigned counsel shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcripts have been received, and indicating the date received; or (3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or (4) an affidavit or an affirmation withdrawing the appeal; and it is further, ORDERED that if none of the above actions described in (1), (2), (3) or (4) above, has been taken within 30 days of the date of this scheduling order, the Acting Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Connolly, J.P., Genovesi, Warhit, Taylor, JJ. MARK ADAMOW, res, v. NORTHPORT-EAST NORTHPORT UNION FREE SCHOOL DISTRICT, app — Appeal from an order of the Supreme Court, Suffolk County, dated June 30, 2022, 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 and to extend the time to perfect the appeal. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before November 17, 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., GENOVESI, WARHIT and TAYLOR, JJ., concur. SHAKEYIA PATTERSON, app, v. NASSAU COUNTY SOCIAL SERVICES DEPARTMENT, ET AL., def third-party plf; SCO FAMILY OF SERVICES, ETC., third-party def-res — Appeal by Shakeyia Patterson from an order of the Supreme Court, Nassau County, dated August 25, 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 Acting 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. IN THE MATTER OF LISA ESTELLE WILEY, res, v. JOHNNY WARREN WILEY SR., app — (O-6001-2021) — Appeal by Johnny Warren Wiley Sr. from an order of the Family Court, Nassau County, dated September 11, 2023. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Thomas Persichilli, dated September 23, 2023, it is ORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal: William A. Sheeckutz 251 Ronni Drive East Meadow, NY 11554 516-513-1016 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 November 8, 2023, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either (1) the appellant is interested in prosecuting the appeal, or (2) the appellant is not interested in prosecuting the appeal, or that he has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties, who are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[e]; Family Ct Act §1116); and it is further, ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further, ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Connolly, J.P., Genovesi, Warhit, Taylor, JJ. TARA MACKEY, ETC., res, v. NORTHPORT-EAST NORTHPORT UNION FREE SCHOOL DISTRICT, app — Appeal from an order of the Supreme Court, Suffolk County, dated June 30, 2022, 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 and to extend the time to perfect the appeal. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before November 17, 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., GENOVESI, WARHIT and TAYLOR, JJ., concur. By Connolly, J.P., Genovesi, Warhit, Taylor, JJ. DONNA D’ANTONIO, app, v. JAMES A. BRADY, ETC., ET AL., res, ET AL., def — Appeal from a judgment of the Supreme Court, Suffolk County, dated April 29, 2022, 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 and to extend the time to perfect 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 granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before November 17, 2023, the appellant shall and 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., GENOVESI, WARHIT and TAYLOR, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF CAMILLA G. C. (ANONYMOUS). ROCKLAND COUNTY DEPARTMENT OF SOCIAL SERVICES, pet-res; MATTHEW C. (ANONYMOUS), res-app — (B-2993-2022) — Appeal by Matthew C. from an order of the Family Court, Rockland County, dated August 28, 2023. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Desmond Q. Martin, dated September 11, 2023, it is ORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal: Warren S. Hecht 118-21 Queens Boulevard, Suite 518 Forest Hills, NY 11375 929-224-2132 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 November 8, 2023, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either (1) the appellant is interested in prosecuting the appeal, or (2) the appellant is not interested in prosecuting the appeal, or that he has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties, who are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[e]; Family Ct Act §1116); and it is further, ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further, ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Connolly, J.P., Genovesi, Warhit, Taylor, JJ. THE PEOPLE, ETC., res, v. AZEEM PATRON, app — Motion by Azeem Patron pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered December 13, 2022, following a trial, 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: Twyla Carter The Legal Aid Society 199 Water Street – 5th Floor New York, NY 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. CONNOLLY, J.P., GENOVESI, WARHIT and TAYLOR, JJ., concur. IN THE MATTER OF CLAMAR G. (ANONYMOUS), nonparty-app; ADMINISTRATION FOR CHILDREN’S SERVICES, pet-app; DANA G. (ANONYMOUS), ET AL., res-res — (Proceeding No. 1); IN THE MATTER OF IYSIS G. (ANONYMOUS), nonparty-app; ADMINISTRATION FOR CHILDREN’S SERVICES, pet-app; DANA G. (ANONYMOUS), ET AL., res-res — (Proceeding No. 2) — (NN-28673-2019, NN-28674-2019) — Appeal by Clamar G. and Iysis G., and separate appeal by Administration for Children’s Services from an order of the Family Court, Kings County, dated August 25, 2023. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal of Clamar G. and Iysis G. in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellants of the transcripts of the minutes of the proceedings in the Family Court, and the appellants 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 appellants shall file in the office of the Acting Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal of Clamar G. and Iysis G.; 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 Clamar G. and Iysis G.; 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 Acting Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeal of Clamar G. and Iysis G. should or should not be dismissed. IN THE MATTER OF CLAMAR G. (ANONYMOUS), nonparty-app; ADMINISTRATION FOR CHILDREN’S SERVICES, pet-app; DANA G. (ANONYMOUS), ET AL., res-res — (Proceeding No. 1); IN THE MATTER OF IYSIS G. (ANONYMOUS), nonparty-app; ADMINISTRATION FOR CHILDREN’S SERVICES, pet-app; DANA G. (ANONYMOUS), ET AL., res-res — (Proceeding No. 2) — (NN-28673-2019, NN-28674-2019) — Appeal by Clamar G. and Iysis G., and separate appeal by Administration for Children’s Services from an order of the Family Court, Kings County, dated August 25, 2023. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal of the Administration for Children’s Services in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal of the Administration for Children’s Services; 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 the Administration for Children’s Services; 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 the Administration for Children’s Services should or should not be dismissed. By Connolly, J.P., Genovesi, Warhit, Taylor, JJ. CITIBANK, N.A., res, v. ZSAZSA MILLINGTON, app, ET AL., nonparty, ET AL., def — Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated June 2, 2022. Motion by the appellant to extend the time to perfect the appeal. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and on or before November 17, 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., GENOVESI, WARHIT and TAYLOR, JJ., concur. By Connolly, J.P., Genovesi, Warhit, Taylor, JJ. HSBC BANK USA, NATIONAL ASSOCIATION, ETC., res, v. SAMUEL EHRENTHAL, ET AL., app, ET AL., def — Appeal from an order of the Supreme Court, Rockland County, dated July 27, 2022. Motion by the appellants to extend the time to perfect the appeal. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and on or before November 17, 2023, the appellants shall serve and file the record or appendix and the appellants’ brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants’ brief and upload digital copies of the record or appendix and the appellants’ brief, with proof of service thereof, through the digital portal on this Court’s website. CONNOLLY, J.P., GENOVESI, WARHIT and TAYLOR, JJ., concur. By Connolly, J.P., Genovesi, Warhit, Taylor, JJ. U.S. BANK NATIONAL ASSOCIATION, ETC., res, v. NIKADAM AYLYAROVA, ET AL., app, ET AL., def — Appeal from an order of the Supreme Court, Queens County, dated June 30, 2022. Motion by the appellants to extend the time to perfect the appeal. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and on or before November 17, 2023, the appellants shall serve and file the record or appendix and the appellants’ brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants’ brief and upload digital copies of the record or appendix and the appellants’ brief, with proof of service thereof, through the digital portal on this Court’s website. CONNOLLY, J.P., GENOVESI, WARHIT and TAYLOR, JJ., concur. By Connolly, J.P., Genovesi, Warhit, Taylor, JJ. IN THE MATTER OF LISA E. WILEY, res, v. JOHN W. WILEY, JR., app — (O-6000-2021); IN THE MATTER OF LISA E. WILEY, res, v. JOHN W. WILEY, JR., app — (O-6000-2021) — Appeals from two orders of the Family Court, Nassau County, dated April 22, 2022, and May 10, 2022, respectively. Motion by assigned counsel to be relieved of the assignment, for the assignment of new counsel to prosecute the appeals, and to extend the time to perfect the appeals. The appellant’s motion for assignment of counsel was granted on April 7, 2023, and the following named attorney was assigned as counsel to prosecute the appeals: Barry J. Fisher 600 Old Country Rd., Ste. 328 Garden City, NY 11530 516-280-5065 Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is ORDERED that the motion is granted, and 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 prosecute the appeals: Kenneth M. Tuccillo 591 Warburton Ave., #576 Hastings-on-Hudson, NY 10706 914-439-4843 and it is further, ORDERED that the appellant’s time to perfect the appeals by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant’s brief, and uploading a digital copy of the appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website, is extended until November 17, 2023; 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 appeals are taken. CONNOLLY, J.P., GENOVESI, WARHIT and TAYLOR, JJ., concur. By Connolly, J.P., Genovesi, Warhit, Taylor, JJ. THE PEOPLE, ETC., res, v. CORMEGA C. BERKLEY, app — Appeal from a judgment of the County Court, Orange County, rendered February 6, 2023. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth the appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and if on bail before conviction, the amount and source of the bail money, and if bail was the appellant’s own money, what happened to the same after conviction. CONNOLLY, J.P., GENOVESI, WARHIT and TAYLOR, JJ., concur. By Connolly, J.P., Genovesi, Warhit, Taylor, JJ. THE PEOPLE, ETC., res, v. KWAN YOON, app — Appeal from a judgment of the Supreme Court, Kings County, rendered February 16, 2023. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth the appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and if on bail before conviction, the amount and source of the bail money, and if bail was the appellant’s own money, what happened to the same after conviction. CONNOLLY, J.P., GENOVESI, WARHIT and TAYLOR, JJ., concur. By Connolly, J.P., Genovesi, Warhit, Taylor, JJ. THE PEOPLE, ETC., res, v. PARIS T. FYALL, app — Appeal from a judgment of the County Court, Suffolk County, rendered March 10, 2023. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth the appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and if on bail before conviction, the amount and source of the bail money, and if bail was the appellant’s own money, what happened to the same after conviction. CONNOLLY, J.P., GENOVESI, WARHIT and TAYLOR, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF CAMILA G. C. (ANONYMOUS). ROCKLAND COUNTY DEPARTMENT OF SOCIAL SERVICES, pet-res; MATTHEW C. (ANONYMOUS), res-app — (NN-694-2020/2023F) — Appeal by Matthew C. from an order of the Family Court, Rockland County, dated June 26, 2023. On the Court’s own motion, it is ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that the appellant is not aggrieved (see CPLR 5511), by each uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court’s website on or before November 17, 2023; and it is further, ORDERED that the Acting Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys, via email to the email address provided to this Court, or if no email address is available for service by regular mail. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Duffy, J.P., Chambers, Wooten, Dowling, JJ. ULADZIMIR KUTSANKOU, res, v. BRINK’S INCORPORATED, ET AL., app — Appeal from an order of the Supreme Court, Kings County, dated September 20, 2021. Motion by the appellants to stay all proceedings in the above-entitled action, including the trial, 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 granted to the extent that the trial in the above-entitled action is stayed, pending hearing and determination of the appeal, and the motion is otherwise denied. DUFFY, J.P., CHAMBERS, WOOTEN and DOWLING, JJ., concur. By Nelson, J.P., Chambers, Dowling, Wan, JJ. JINKYU CHANG, res, v. SONIA ARROYAVE, app; JINKYU CHANG, res-app, v. SONIA ARROYAVE, app-res — Appeal from an order of the Supreme Court, Westchester County, dated August 12, 2020, and appeal and cross-appeal from an order of the same court dated April 7, 2022. Motion by National Employment Lawyers Association/New York for leave to file an amicus curiae brief. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion by National Employment Lawyers Association/New York is granted, the amicus curiae shall serve and file its brief on the parties, via NYSCEF on or before November 17, 2023, and, if so advised, the parties may file reply briefs to the amicus curiae brief within 10 days after the amicus curiae brief is served; no oral argument by the amicus curiae shall be permitted. BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur. By Nelson, J.P., Chambers, Dowling, Wan, JJ. LOUIS A. RESTIVO, res, v. OLGA LINEROS, app — Appeal from an order of the Supreme Court, Nassau County, dated June 2, 2022. Motion by the respondent to extend the time to serve and file a brief. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and on or before November 17, 2023, the respondent shall serve and file the respondent’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website. BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur. By Nelson, J.P., Chambers, Dowling, Wan, JJ. IN THE MATTER OF BEVERLY MARCUS, res, v. SASSON MARCUS, app — (F-21498-2019/2019A) — Appeal from an order of the Family Court, Westchester County, dated January 19, 2023. Motion by the appellant to extend the time to perfect the appeal. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, the appellant’s time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Acting Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving the appellant’s brief, and uploading a digital copy of the appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website, is extended until November 17, 2023; and it is further, ORDERED that no further extension of time shall be granted. BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur. By Nelson, J.P., Chambers, Dowling, Wan, JJ. MARILYN IGER, ET AL., res, v. BRADLEY COHEN, ETC., ET AL., app, ET AL., def — Appeal from an order of the Supreme Court, Suffolk County, dated August 8, 2022. Motion by the respondents 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 motion is granted, and on or before November 17, 2023, the respondents shall serve and file the respondents’ brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website; and it is further, ORDERED that no further extension of time shall be granted. BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur. By Nelson, J.P., Chambers, Dowling, Wan, JJ. FAMOUS FAMILY LLC, ETC., res, v. MAXIM KUTSYK, ET AL., app — Appeal from an order of the Supreme Court, Kings County, dated April 5, 2022. Motion by the respondent to extend the time to serve and file a brief. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and on or before November 17, 2023, the respondent shall serve and file the respondent’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website. BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur. By Nelson, J.P., Chambers, Dowling, Wan, JJ. IN THE MATTER OF RICHMOND SI OWNER LLC, res, v. SHERIF SOLIMAN, ETC., ET AL., app — Appeal from an order of the Supreme Court, Richmond County, dated May 27, 2022. Motion by the respondent for a preference in the calendaring of the appeal. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is denied. BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur. By Nelson, J.P., Chambers, Dowling, Wan, JJ. SANDRA D. MORTON, app, v. NEW YORK CITY BOARD OF EDUCATION RETIREMENT SYSTEM, ET AL., res — Appeal from an order of the Supreme Court, Kings County, dated June 15, 2022. Motion by the respondents to extend the time to serve and file a brief. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and on or before November 17, 2023, the respondents shall serve and file the respondents’ brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website. BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur. By Nelson, J.P., Chambers, Dowling, Wan, JJ. SELAINE SAUNDERS, res, v. NOSTRAND 1543, LLC, app — Appeal from an order of the Supreme Court, Kings County, dated October 20, 2022. Motion by the respondent to extend the time to serve and file a brief. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and on or before November 17, 2023, the respondent shall serve and file the respondent’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website. BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur. By Nelson, J.P., Chambers, Dowling, Wan, JJ. DEUTSCHE BANK NATIONAL TRUST CO., ETC., res, v. JOSEPH MOSEY, app, ET AL., def — Appeal from an order of the Supreme Court, Nassau County, dated September 5, 2023. On the Court’s own motion, it is ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701). BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur. By Nelson, J.P., Chambers, Dowling, Wan, JJ. IN THE MATTER OF CHRISTINE MIGNONE, res, v. FRANCESCO MIGNONE, app — (O-111-2021) — Appeal by Francesco Mignone from an order of the Supreme Court, Westchester County (IDV Part), dated March 1, 2023. By scheduling order of this Court dated September 1, 2023, the appellant’s time to perfect the appeal was extended until September 27, 2023. The appellant has failed to perfect the appeal. Now, on the Court’s own motion, it is ORDERED that the appeal is dismissed, without costs of disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.3[b][2]) and prior order of the Court. BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur. By Nelson, J.P., Chambers, Dowling, Wan, JJ. RYAN ABBOTT, app, v. RACHEL MCSHANE-ABBOTT, res — Appeal from an order of the Supreme Court, Westchester County, dated December 6, 2021. By decision and order on motion of this Court dated August 4, 2023, the appellant’s time to perfect the appeal was extended until October 5, 2023. The appellant has failed to perfect the appeal. Now, on the Court’s own motion, it is ORDERED that the appeal is dismissed, without costs of disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.3[b][2]) and prior order of the Court. BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur. By Nelson, J.P., Chambers, Dowling, Wan, JJ. IN THE MATTER OF BRIAN P. (ANONYMOUS), app, v. MAXINE J. (ANONYMOUS), res; BRIANNA P. (ANONYMOUS), nonparty-app — (Proceeding No. 1); IN THE MATTER OF MAXINE J. (ANONYMOUS), res, v. BRIAN P. (ANONYMOUS), app; BRIANNA P. (ANONYMOUS), nonparty-app — (Proceeding No. 2) — (V-11064-2020, V-10257-2022) — Appeals by Brian P. and Brianna P. from an order of the Family Court, Kings County, dated April 28, 2023. On the Court’s own motion, it is ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by Brian P. in the above-entitled proceedings on the ground that the appellant Brian P. has failed to comply with the scheduling order of this Court dated September 22, 2023, by each uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court’s website on or before November 17, 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 Acting Clerk of this Court on or before November 17, 2023; and it is further, ORDERED that the Acting Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys, via email to the email address provided to this Court, or if no email address is available for service by regular mail. BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur. By Nelson, J.P., Chambers, Dowling, Wan, JJ. THE PEOPLE, ETC., res, v. LENNOX LONDON, app — Appeal from a judgment of the Supreme Court, Nassau County, rendered October 29, 2020. Motion by the appellant to withdraw the appeal. 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 appeal is deemed withdrawn. BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur.
