Second, Eleventh and Thirteenth Judicial Districts Decision & Orders on Motions decided on: April 19, 2024
By: Toussaint, P.J., Buggs, Ottley, JJ. 2022-310 K C. PEOPLE v. McMILLAN, BENJAMIN — Motion by appellant for leave to appeal to the Appellate Division from a decision and order of this court dated September 22, 2023, which determined an appeal from an order of the Criminal Court of the City of New York, Kings County, dated April 11, 2022. Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is ORDERED that the motion is denied. April 19, 2024 By: Buggs, J.P., Mundy, Hom, JJ. 2022-473 Q C. MARTIN v. PARTRIDGE — Motion by appellant for an extension of time to perfect an appeal from an order of the Civil Court of the City of New York, Queens County, entered April 19, 2022. Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is ORDERED that the motion is granted and the appeal shall be perfected on or before June 10, 2024; and it is further, ORDERED that in the event the appeal is not perfected by June 10, 2024, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days’ notice, to dismiss the appeal, and may serve such application upon appellant in person. April 18, 2024 By: Toussaint, P.J., Buggs, Ottley, JJ. 2023-14 K C. KUNTZ v. ALI — Motion by appellant for a stay of a judgment of the Civil Court of the City of New York, Kings County, entered December 15, 2022, pending the determination of an appeal from that judgment. Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is ORDERED that the motion is granted. April 19, 2024 By: Toussaint, P.J., Buggs, Ottley, JJ. 2023-527 K C. 901 BKLYN REALTY LLC v. WATERMAN — Motion by appellant for a stay of eviction pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered March 15, 2023, and to enlarge the time to perfect the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the branch of the motion seeking a stay is denied; and it is further, ORDERED that the branch of the motion seeking to enlarge the time to perfect is granted on condition that the appeal is perfected on or before May 24, 2024; and it is further, ORDERED that in the event the appeal is not perfected by May 24, 2024, the court, on its own motion, may dismiss the appeal, or respondents may move, on three days’ notice, to dismiss the appeal, and may serve such application upon appellant in person. April 19, 2024 By: Toussaint, P.J., Buggs, Ottley, JJ. 2023-671 Q C. QUEENS FRESH MEADOWS, LLC v. BECKFORD — Motion by appellant to direct respondent to pay use and occupancy pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, dated June 8, 2023. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. April 19, 2024 By: Toussaint, P.J., Buggs, Ottley, JJ. 2023-951 K C. CITIMED SERVS., PA, v. STATE FARM MUT. AUTO INS. CO. — Motion by appellant to vacate an order of this court dated October 23, 2023, which dismissed an appeal from order of the Civil Court of the City of New York, Kings County, dated February 16, 2023. Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is ORDERED that the motion is denied. April 19, 2024 By: Toussaint, P.J., Buggs, Ottley, JJ. 2023-1301 K C. 135 KENT LLC v. NORTHSIDE DELI, INC. — Motion by appellant for a stay of eviction pending the determination of the appeal from order of the Civil Court of the City of New York, Kings County, dated October 31, 2023. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted. April 19, 2024 By: Toussaint, P.J., Buggs, Ottley, JJ. 2023-1397 K C. DICKENSON v. DORISMOND — Motion by appellant for a stay of eviction pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated December 19, 2023. Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is ORDERED that the motion is denied. April 19, 2024 By: Toussaint, P.J., Buggs, Ottley, JJ. 2024-330 K CR. PEOPLE v. GUZMAN, FABIAN — Application by appellant pursuant to Criminal Procedure Law §380.55 (2) on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered January 17, 2024, for poor person relief and the assignment of counsel. Upon the affirmed representation of Richard Cardinale, Esq. that the appellant continues to be eligible for assignment of counsel, it is ORDERED that, pursuant to County Law §722, Appellate Advocates is assigned as counsel to prosecute the appeal; and it is further, ORDERED, on the court’s own motion, that the appeal shall be perfected expeditiously; and it is further, ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further, ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further, ORDERED that, in the event the file has been sealed, it is hereby unsealed for the limited 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 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, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report. April 18, 2024
