Motion List released on: January 22, 2024
By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF SAIGE F. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; CHRISTINA F. (ANONYMOUS), res-app-res, TERRENCE W. (ANONYMOUS), res-res-app — (Proceeding No. 1); IN THE MATTER OF NIYAH W. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; CHRISTINA F. (ANONYMOUS), res-app-res, TERRENCE W. (ANONYMOUS), res-res-app — (Proceeding No. 2) — (N-18767-2017, N-18768-2017) — Appeal by Christina F. and cross-appeal by Terrence W. from an order of the Family Court, Queens County, dated December 12, 2023. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Tehra Coles, dated January 4, 2024, it is ORDERED that the appellant Christina F. 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: Christian P. Myrill 155-03 Jamaica Avenue Jamaica, NY 11432 347-870-1803 and it is further, ORDERED that assigned counsel shall promptly attempt to contact the appellant Christina F. at the address provided by this Court, and on or before February 13, 2024, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either (1) the appellant Christina F. is interested in prosecuting the appeal, or (2) the appellant Christina F. 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 by Christina F. will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Acting 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 and cross-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 by Christina F. 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 Christina F. 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 and cross-appeal are taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. KEVIN GOLDING, app, v. SABINE GOLDING, res — (55128/2018) — Appeal by Kevin Golding from an order of the Supreme Court, Kings County, dated December 14, 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 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Supreme Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Acting Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of the Supreme Court proceedings to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or (3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or (4) an affidavit or an affirmation withdrawing the appeal; and it is further, ORDERED that if none of the actions described in (1), (2), (3) or (4) above has been taken within 30 days of the date of this scheduling order, the 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 DAVID K. W. (ANONYMOUS). SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, pet-res; DEBORA W. (ANONYMOUS), res-app — (N-6019-2022) — Appeal by Debora W. From an order of the Family Court, Suffolk County, dated December 19, 2023. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Thomas W. Mcnally, dated January 8, 2024, 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: Darla A. Filiberto 1770 Motor Parkway, Suite 300 Hauppauge, NY 11749 631-232-1130 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 February 13, 2024, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either (1) the appellant is interested in prosecuting the appeal, or (2) the appellant is not interested in prosecuting the appeal, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 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 child, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further, ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Dillon, J.P., Maltese, Taylor, Landicino, JJ. THE PEOPLE, ETC., res, v. JORGE W. MARTINEZ, app — Appeal from a judgment of the Supreme Court, Orange County, rendered June 21, 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 February 21, 2024, the respondent shall serve and file the respondent’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website. DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur. By Dillon, J.P., Maltese, Taylor, Landicino, JJ. IN THE MATTER OF JAMES W. (ANONYMOUS), app, v. RANDI T. (ANONYMOUS), res — (P-3665-2021) — Appeal from an order of the Family Court, Orange County, dated October 21, 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 February 21, 2024, the respondent shall serve and file the respondent’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website. DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur. By Dillon, J.P., Maltese, Taylor, Landicino, JJ. KENDRA CACERES, ETC., ET AL., app, v. NYC HEALTH AND HOSPITALS, res — Appeal from an order of the Supreme Court, Queens County, dated August 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 February 21, 2024, the respondent shall serve and file the respondent’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website. DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur. By Dillon, J.P., Maltese, Taylor, Landicino, JJ. NATIONAL GRID GENERATION LLC, ET AL., app, v. NASSAU COUNTY, ET AL., res, ET AL., def — Appeal from an order of the Supreme Court, Nassau County, dated October 11, 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 relation thereto, it is ORDERED that the motion is granted, and on or before February 21, 2024, 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. DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur. By Connolly, J.P., Chambers, Dowling, Warhit, JJ. TERRY CULLEN, ET AL., app, v. ROSE MARIE MOSCHETTA, ETC., res — Appeal from an order of the Supreme Court, Nassau County, dated December 6, 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 February 21, 2024, 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., CHAMBERS, DOWLING and WARHIT, JJ., concur. By Connolly, J.P., Chambers, Dowling, Warhit, JJ. DEUTSCHE BANK TRUST COMPANY AMERICAS, ETC., res, v. GLORIA MILFORD, app, ET AL., def — Appeals from an order of the Supreme Court, Suffolk County, dated November 16, 2017, and from the denial of an application to sign an order to show cause of the Supreme Court, Suffolk County, which occurred on November 28, 2023. On the Court’s own motion, it is ORDERED that the appeal from the order is dismissed on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court dated June 5, 2018 (see Matter of Aho, 39 NY2d 241); and it is further, ORDERED that the appeal from the denial of the application to sign an order to show cause is dismissed, without costs or disbursements, on the ground 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). CONNOLLY, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur. By Connolly, J.P., Chambers, Dowling, Warhit, JJ. IN THE MATTER OF ARON LAW, PLLC, res, v. NEW YORK CITY FIRE DEPARTMENT, app — Appeal from a judgment of the Supreme Court, New York County, entered July 26, 2022. Motion by the respondent to dismiss the appeal on the ground that the judgment is not an appealable paper or, in the alternative, 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 motion is denied. CONNOLLY, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur. By Connolly, J.P., Chambers, Dowling, Warhit, JJ. IN THE MATTER OF BARBARA M. MULLANEY, res, v. WILLIAM A. MULLANEY, JR., app — (F-9237-2018/2022H) — Appeals from three orders of the Family Court, Suffolk County, dated March 7, 2023, March 9, 2023 and April 27, 2023, respectively. Motion by the appellant to extend the time to perfect the appeals. 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 appeals by causing the original papers constituting the record on the appeals 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 February 21, 2024. CONNOLLY, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur. By Connolly, J.P., Chambers, Dowling, Warhit, JJ. DERRICK SIMMONS, ETC., res, v. ALFRED BELL, ET AL., app — Appeal from an order of the Supreme Court, Queens County, dated December 9, 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 February 21, 2024, 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., CHAMBERS, DOWLING and WARHIT, JJ., concur. By Connolly, J.P., Chambers, Dowling, Warhit, JJ. YU CHAN LI, app, v. CITY OF NEW YORK, res — Appeal from an order of the Supreme Court, Queens County, dated May 25, 2022. Motion by the appellant to declare the respondent in default for failing to timely serve and file a brief. Separate motion by the appellant to transfer venue of the appeal to the Appellate Division, Third Department or the Appellate Division, Fourth Department. Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is ORDERED that the motions are denied. CONNOLLY, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur. By Connolly, J.P., Chambers, Dowling, Warhit, JJ. THE PEOPLE, ETC., res, v. PELENCHO CONTRERA, app — Appeal from a judgment of the County Court, Suffolk County, rendered August 3, 2022. Motion by the appellant to remit the matter to the County Court, Suffolk County, for a reconstruction hearing with respect to Court Exhibit I admitted into evidence during the appellant’s sentencing and the presentence report. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the branch of the motion which is for a reconstruction hearing with respect to Court Exhibit I is granted, and the matter is referred to the County Court, Suffolk County, for a reconstruction hearing concerning that exhibit; if the exhibit cannot be reconstructed the County Court, Suffolk County shall issue a report to this Court with all convenient speed; 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 reconstruction hearing, once said hearing has been completed, if the minutes can be reconstructed; the appellant is directed to provide copies of said transcripts to all of the other parties to the appeal when counsel serves a brief upon those parties; and it is further, ORDERED that the appellant is directed to serve a copy of this decision and order on motion on the clerk of the court from which the appeal is taken; and it is further, ORDERED that the motion is otherwise denied. CONNOLLY, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur. By Connolly, J.P., Chambers, Dowling, Warhit, JJ. THE PEOPLE, ETC., res, v. DANIEL J. TOAL, app — Appeal from a judgment of the County Court, Suffolk County, rendered March 13, 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. CONNOLLY, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur. By Connolly, J.P., Chambers, Dowling, Warhit, JJ. IN THE MATTER OF SACHA LATOYA JOHN, res, v. KEION C. LINTON, app — (F-2454-2018) — Appeal by Keion C. Linton from an order of the Family Court, Queens County, dated April 25, 2023. Motion by the appellant to withdraw 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 the appeal is deemed withdrawn. CONNOLLY, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur. By Dillon, J.P., Maltese, Taylor, Landicino, JJ. UNDERHILL VENTURE LLC, app, v. HANSNEET SARANG, ET AL., res — Appeal from an order of the Supreme Court, Nassau County, dated September 21, 2023. Motion by the appellant, inter alia, in effect, to cancel the notice of pendency or, in the alternative to direct the respondents to post a bond in the amount of $1.3 million to maintain the notice of pendency, 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. DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur. By Dillon, J.P., Maltese, Taylor, Landicino, JJ. NATASHA IRIS FAPOHUNDA, res, v. OLANREWAJU AYODELE FAPOHUNDA, app — Appeal from an order of the Supreme Court, Westchester County, dated November 22, 2023. Motion by the appellant for leave to appeal to this Court from the order and 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 branch of the motion which is for leave to appeal is denied; and it is further, ORDERED that on the Court’s own motion 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. DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur. By Dillon, J.P., Maltese, Taylor, Landicino, JJ. U.S. BANK NATIONAL ASSOCIATION, ETC., res, v. JENNIFER KONTZAMANYS, app, ET AL., def — Appeals from two orders of the Supreme Court, Suffolk County, both dated September 2, 2020, an order of the same court dated December 12, 2022, and an order and judgment (one paper) of the same court also dated December 12, 2022. Motion by Lawrence & Walsh, P.C. 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 dismissed for failure to provide proof of service in accordance with the terms of the order to show cause. DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. NAHJEE JOHNSON, app — Appeal by Nahjee Johnson from a judgment of the Supreme Court, Kings County, rendered November 13, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated November 15, 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 Acting 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 Acting 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. NAHJEE JOHNSON, app — Appeal by Nahjee Johnson from a judgment of the Supreme Court, Kings County, rendered November 1, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated November 14, 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 Acting 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 Acting 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. JOSE DONES, app — Appeal by Jose Dones from a judgment of the Supreme Court, Kings County, rendered November 9, 2023, following a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Yung-Mi Lee, dated November 15, 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 Acting 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 Acting 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 Dillon, J.P., Maltese, Taylor, Landicino, JJ. IN THE MATTER OF ALLAN O. PELCAK, JR., app, v. LAURA J. MATOUSEK, res — (F-1614-2007/2022K) — Appeal by Allan O. Pelcak, Jr. from an order of the Family Court, Rockland County, dated December 16, 2022. Motion by the respondent pro se for poor person relief and the assignment of counsel. Upon the papers filed in support of the motion and the no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is denied. DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur. By Dillon, J.P., Maltese, Taylor, Landicino, JJ. THE PEOPLE, ETC., EX REL. JEROME SMITH, app, v. MARK MILLER, ETC., res — Appeal from an order of the Supreme Court, Dutchess County, dated May 3, 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 no papers having been filed in opposition or in relation thereto, it is ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and 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 1250.9[a][4],[c][1],[d],[e]); 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 branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied. DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur. CITIBANK, N.A., res, v. MARIE DULIANE MILFORD-JEAN-GILLE, app, ET AL., def — Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated June 3, 2022. ORDERED that within 30 days of the date of this order, 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. IN THE MATTER OF SAIGE F. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; CHRISTINA F. (ANONYMOUS), res-app-res, TERRENCE W. (ANONYMOUS), res-res-app — (Proceeding No. 1); IN THE MATTER OF NIYAH W. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; CHRISTINA F. (ANONYMOUS), res-app-res, TERRENCE W. (ANONYMOUS), res-res-app — (Proceeding No. 2) — (N-18767-2017, N-18768-2017) — Appeal by Christina F. and cross-appeal by Terrence W. from an order of the Family Court, Queens County, dated December 12, 2023. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the cross-appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the cross 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 cross appellant Terrence W. 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 cross-appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or (3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or (4) if the cross-appellant is indigent and cannot afford to obtain the minutes or perfect the cross-appeal, a motion in this Court for leave to prosecute the cross-appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the cross-appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or (5) an affidavit or an affirmation withdrawing the cross-appeal; and it is further, ORDERED that if none of the actions described in (1), (2), (3), (4) or (5) above has been taken within 30 days of the date of this scheduling order, the Acting Clerk of this Court shall issue an order to all parties to the appeal and cross-appeal to show cause why the cross-appeal should or should not be dismissed. By Dillon, J.P., Maltese, Taylor, Landicino, JJ. THE PEOPLE, ETC., res, v. ARMANDO SANTIAGO, app — Appeal from a judgment of the Supreme Court, Queens County, rendered August 18, 2023, following a trial. 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 granted; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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 Acting 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 Acting 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. DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur. By Dillon, J.P., Maltese, Taylor, Landicino, JJ. PEOPLE OF STATE OF NEW YORK, plf, v. EDWARD L. STEVENS, def — Motion by Edward L. Stevens pursuant to CPL 460.30 for an extension of time to take an appeal from an order of the County Court, Dutchess County, dated July 10, 2023, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the branch of the motion which is pursuant to CPL 460.30 for an extension of time to take an appeal is denied as CPL 460.30 does not apply to this appeal (see Corrections Law 168-n[3]); and it is further, ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied, with leave to renew, upon a timely filing of a notice of appeal (see CPLR 5513, 5514). DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. AUSTIN MCKENZIE, app — Appeal by Austin McKenzie from a judgment of the Supreme Court, Kings County, rendered October 31, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Yung-Mi Lee, dated November 15, 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 Acting 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 Acting 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 Dillon, J.P., Maltese, Taylor, Landicino, JJ. THE PEOPLE, ETC., res, v. RAINESH ABUDIN, app — Motion by Rainesh Abudin pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the Supreme Court, Queens County, both rendered January 10, 2023, upon pleas of guilty, for leave to prosecute the appeals as a poor person, and for the assignment of counsel. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted; and it is further, ORDERED that the moving papers are deemed to constitute timely notices of appeal; and it is further, ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Acting 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 Acting Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the pleas of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeals: Patricia Pazner Appellate Advocates 111 John Street – 9th Floor New York, New York 10038 and it is further, ORDERED that the appellant’s time to perfect the appeals is extended; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken. DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. JOSE MARTINEZ, app — Appeal by Jose Martinez from a judgment of the Supreme Court, Kings County, rendered October 4, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated October 16, 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 Acting 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 Acting 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. JONDELL HARLEY, app — Appeal by Jondell Harley from a judgment of the Supreme Court, Queens County, rendered October 18, 2023, following a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated November 15, 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 Acting 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 Acting Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Barros, J.P., Maltese, Wan, Warhit, JJ. DIDIER CASSAGNOL, app-res, v. VILLAGE OF HEMPSTEAD, ET AL., res-app — Appeal and cross-appeal from an order of the Supreme Court, Nassau County, dated November 14, 2019, which were determined by decision and order of this Court dated March 15, 2023. Motion by the appellant-respondent for leave to appeal to the Court of Appeals from the decision and order of this Court. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. BARROS, J.P., MALTESE, WAN and WARHIT, JJ., concur. ERIK E. JACKSON, res, v. NANUET UNION FREE SCHOOL DISTRICT, ET AL., app — Appeal by Nanuet Union Free School District, Nanuet Union Free School District Board of Education and Vincent Carella from an order of the Supreme Court, Rockland County, dated December 18, 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 appellants do 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. THE PEOPLE, ETC., res, v. GEORGE CEBALLOS, app — Appeal by George Ceballos from a judgment of the Supreme Court, Queens County, rendered October 25, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Isabel Macquarrie, dated November 16, 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 Acting 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 Acting 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 Connolly, J.P., Chambers, Dowling, Warhit, JJ. THERESA HECTOR-ELLIS, app, v. MOUNT SINAI HOSPITAL, ET AL., res — Appeal from an order of the Supreme Court, Queens County, dated September 29, 2022. Motion by the respondent State of New York to dismiss the appeal on the ground that it 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 no papers having been filed in opposition or in relation 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 held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before February 21, 2024, the respondent State of New York shall serve and file its 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. CONNOLLY, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. LUIS MONTERO, app — Appeal by Luis Montero from a judgment of the Supreme Court, Kings County, rendered November 16, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lisa A. Packard, dated November 16, 2023, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Twyla Carter The Legal Aid Society 199 Water Street – 5th Floor New York, NY 10038 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Acting 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 Acting 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 Connolly, J.P., Chambers, Dowling, Warhit, JJ. KIMBERLY JOHNSON, ET AL., res-app, v. BRENTWOOD TEACHERS ASSOCIATION, ET AL., app-res, ET AL., def — Appeal and cross-appeal from an order of the Supreme Court, Suffolk County, dated September 20, 2022. Motion by the appellants-respondents to dismiss the cross-appeal for failure to timely perfect and to extend the time to serve and file a reply brief. Cross-motion by the respondents-appellants to dismiss the appeal on the ground that it is without merit or, in the alternative, to extend the time to perfect the cross-appeal. Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is ORDERED that the branch of the motion which is to dismiss the cross-appeal for failure to timely perfect is denied; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, and on or before February 21, 2024, the appellants-respondents shall serve and file their reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court’s website; and it is further, ORDERED that the branch of the cross-motion which is to dismiss the appeal on the ground that it is without merit is denied; and it is further, ORDERED that the branch of the cross-motion which is to extend the time to perfect the cross-appeal is denied as unnecessary as the cross-appeal has been timely perfected. CONNOLLY, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. CARLOS CARILLO, app — Appeal by Carlos Carillo from a judgment of the Supreme Court, Kings County, rendered November 22, 2023, following a trial. By order dated November 22, 2023, the Supreme Court, Kings County, granted an application pursuant to Criminal Procedure Law §380.55(1) for poor person relief. Now, upon the order dated November 22, 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 Acting 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 Acting 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. QUASHAWN JACKSON, app — Appeal by Quashawn Jackson from a judgment of the Supreme Court, Kings County, rendered November 17, 2023, following a trial. By order dated November 17, 2023, the Supreme Court, Kings County, granted an application pursuant to Criminal Procedure Law §380.55(1) for poor person relief. Now, upon the order dated November 17, 2023, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street – 9th Floor New York, New York 10038 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Acting 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 Acting 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 Connolly, J.P., Chambers, Dowling, Warhit, JJ. ALEXANDRA SAGALOV, res, v. JAKE SAGALOV, app — Appeal from a judgment of the Supreme Court, Kings County, dated January 22, 2021, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent, inter alia, to dismiss the appeal 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 motion is denied as academic. CONNOLLY, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur. By Connolly, J.P., Chambers, Dowling, Warhit, JJ. WELLS FARGO BANK, NATIONAL ASSOCIATION, ETC., plf, v. EVELENA OLIVER, def — Motion by the defendant, inter alia, for an extension of time to take an appeal from an order of the Supreme Court, Westchester County, dated September 5, 2023. 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 an extension of time to take an appeal is denied as unnecessary as the time to take an appeal has not expired (see CPLR 5513); and it is further, ORDERED that the motion is otherwise denied, without prejudice to renew upon the filing a timely notice of appeal (see CPLR 5513). CONNOLLY, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF CIELO DELGADO, app, v. ELISA CASTILLO, res — (V-5630-2022) — Appeal by Cielo Delgado from an order of the Family Court, Queens County, dated November 29, 2023. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Anthony Augustus, dated January 17, 2024, 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: Paul W. Matthews 50 Garretson Lane Staten Island, NY 10304 347-461-0760 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 February 13, 2024, 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 Acting 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. ELIZABETH SCHEARER, res, v. ALBION FITZGERALD, app — Appeal by Albion Fitzgerald from an order of the Supreme Court, Kings County, dated November 15, 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. T. S., app, v. WAPPINGERS CENTRAL SCHOOL DISTRICT, ET AL., res — Appeal by T. S. from an order of the Supreme Court, Dutchess County, dated December 19, 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. THE PEOPLE, ETC., res, v. STEVEN ACOSTA, app — Appeal by Steven Acosta from a judgment of the Supreme Court, Kings County, rendered November 16, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Terence J. Sweeney, dated November 17, 2023, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street – 9th Floor New York, New York 10038 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Acting 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 Acting 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 Connolly, J.P., Chambers, Dowling, Warhit, JJ. IN THE MATTER OF SANDY NATHALA CHADEE, res, v. CARLOS PENA, app — (F-6878-2019/2019B) — Appeal from an order of the Family Court, Kings County, dated March 6, 2023. Motion by the appellant pro se to extend the time to perfect the appeal. Motion by the respondent pro se for poor person relief and assignment of counsel. Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion by appellant is granted, and 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 and filing the appellant’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant’s brief, and uploading digital copy of the appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website, is extended until February 21, 2024; and it is further, ORDERED that the motion by the respondent is denied. CONNOLLY, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. STEVEN ACOSTA, app — Appeal by Steven Acosta from a judgment of the Supreme Court, Kings County, rendered November 16, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Terence Sweeney, dated November 17, 2023, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street – 9th Floor New York, New York 10038 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Acting 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 Acting 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. RAFAEL ANDINO, app — On the Court’s own motion, it is ORDERED that the decision and order on motion of this Court dated December 29, 2023, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor: Appeal from a judgment of the Supreme Court, Queens County, rendered March 10, 2023, following a trial. 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 granted; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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 Acting 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 Acting 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. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. IN THE MATTER OF JOSHUA DAVIS, res, v. THERESA-MARIE E. PERRY, app — (Proceeding No. 1); IN THE MATTER OF THERESA-MARIE E. PERRY, app, v. JOSHUA DAVIS, res — (Proceeding No. 2) — (V-6303-2020-2023I) — Appeal by Theresa-Marie E. Perry from an order of the Family Court, Nassau County, dated December 12, 2023. By order on certification of this Court dated December 29, 2023, the following attorney was assigned as counsel for the appellant on the appeal: Carol J. Lewisohn 999 Central Avenue, Suite 104 Woodmere, NY 11598 516-374-7430 By letter dated January 16, 2024, 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 Acting 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 December 29, 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 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. THE PEOPLE, ETC., res, v. MARIO JIMENEZ, app — Appeal by Mario Jimenez from a judgment of the Supreme Court, Kings County, rendered November 8, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Yung-Mi Lee, dated November 15, 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 Acting 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 Acting 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. CAROL LYONS, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF RUFUS E. LYONS, app, v. JOSHUA TSADYK, ET AL., res — Appeal from an order of the Supreme Court, Queens County, dated August 23, 2019. Application by Carol Lyons, as administrator of the estate of Rufus E. Lyons, to be substituted for the deceased appellant Rufus E. Lyons, and to amend the caption accordingly. 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, Carol Lyons, as administrator of the estate of Rufus E. Lyons, to be substituted for the deceased appellant Rufus E. Lyons, and the caption is amended accordingly. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
