Motion List released on: June 28, 2024 By Lasalle, P.J., Dillon, Duffy, Connolly, Dowling, JJ. IN THE MATTER OF TARA A. DEMETRIADES, ADMITTED AS TARA ANNE DEMETRIADES, AN ATTORNEY AND COUNSELOR-AT-LAW — By order to show cause dated September 26, 2023, the respondent, Tara A. Demetriades, admitted as Tara Anne Demetriades, was directed to show cause before this Court why an order should or should not be entered determining that the respondent is incapacitated from practicing law by reason of mental disability or condition under 22 NYCRR 1240.14(b). The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Third Judicial Department on November 25, 2003, under the name Tara Anne Demetriades. Now, upon the order to show cause and no papers having been filed in response thereto, it is ORDERED that the motion is granted, and the respondent, Tara A. Demetriades, admitted as Tara Anne Demetriades, is immediately suspended from the practice of law pursuant to 22 NYCRR 1240.14(b) on the ground that she is incapacitated from practicing law by reason of mental disability or condition, for an indefinite period of time and until further order of the Court; and it is further, ORDERED that the respondent, Tara A. Demetriades, admitted as Tara Anne Demetriades, shall promptly comply with this Court’s rules governing the conduct of disbarred and suspended attorneys (see 22 NYCRR 1240.15); and it is further, ORDERED that pursuant to Judiciary Law §90, during the period of suspension and until further order of this Court, the respondent, Tara A. Demetriades, admitted as Tara Anne Demetriades, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding herself out in any way as an attorney and counselor-at-law; and it is further, ORDERED that if the respondent, Tara A. Demetriades, admitted as Tara Anne Demetriades, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in her affidavit of compliance pursuant to 22 NYCRR 1240.15(f); and it is further, ORDERED that the Grievance Committee for the Tenth Judicial District shall serve the respondent, Tara A. Demetriades, admitted as Tara Anne Demetriades, or a guardian appointed on behalf of the respondent, Tara A. Demetriades, admitted as Tara Anne Demetriades, if any, with a copy of this decision and order on motion pursuant to CPLR 2103(c) and upload proof of service with this Court through the digital portal on this Court’s website, on or before July 29, 2024. LASALLE, P.J., DILLON, DUFFY, CONNOLLY and DOWLING, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF STEPHANIE ANN CLIFFORD, res, v. ALLEN-MICHAEL PATRICK DALY, app — (V-486-2023) — Appeal by Allen-Michael Patrick Daly from an order of the Family Court, Orange County, dated May 3, 2024. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Paul N. Weber, dated June 12, 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: Samuel Coe 50 Main Street, Suite 1000 White Plains, NY 10606 845-393-4263 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 July 12, 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 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. IN THE MATTER OF TERESA ARLUCK, ET AL., pet-res, v. BOARD OF EDUCATION, ET AL., res-app, CHARLES v. KHOURY, res — Appeal from an order of the Supreme Court, Orange County, dated November 2, 2023. Application by the petitioners-respondents pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief. Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is ORDERED that the application is granted, and on or before July 17, 2024, the petitioners-respondents shall serve and file the petitioners-respondents’ brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the petitioners-respondents’ brief and upload digital copies of petitioners-respondents’ brief, with proof of service thereof, through the digital portal on this Court’s website. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF JAMES D. CASTELLI, ADMITTED AS JAMES E. DAGUANNO, A SUSPENDED ATTORNEY — Motion by James D. Castelli for reinstatement to the Bar as an attorney and counselor-at-law. Castelli was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 26, 1990, under the name James E. Daguanno. By opinion and order of this Court dated July 1, 2015, Castelli was suspended from the practice of law for a period of three years, commencing July 31, 2015 (Matter of Castelli, 131 AD3d 29). By decision and order on motion dated February 15, 2019, this Court denied Castelli’s first motion for reinstatement. By decision and order on motion dated December 28, 2020, Castelli’s second motion for reinstatement was held in abeyance, and the matter was referred to a Committee on Character and Fitness to investigate and report on his character and fitness to practice law. Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, and the papers filed in response thereto, it is ORDERED that the motion is denied. We find that James D. Castelli, admitted as James E. Daguanno, does not demonstrate the requisite character and fitness to practice law. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Christopher, JJ. IN THE MATTER OF RITA DAVE, A SUSPENDED ATTORNEY — Motion by Rita Dave for reinstatement to the Bar as an attorney and counselor-at-law. Dave was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 10, 1992. By opinion and order of this Court dated April 13, 2022, Dave was suspended from the practice of law for one year, commencing on May 13, 2022 (Matter of Dave, 205 AD3d 70). Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is denied. We find that Rita Dave does not demonstrate the requisite character and fitness to practice law. LASALLE, P.J., DILLON, DUFFY, BARROS, and CHRISTOPHER, JJ., concur. By Duffy, J.P., Miller, Dowling, Taylor, JJ. IN THE MATTER OF JENNIFER MORTIMER, res, v. MARTIN MORTIMER, app — (O-605-2021, V-670-2021/2021A, V-670-2021/2021B) — Appeal from an order of the Family Court, Putnam County, dated December 2, 2022. Motion by the respondent to dismiss the appeal, inter alia, on the ground that the appeal was not timely perfected or, in the alternative, to extend the time to serve and file a brief. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before July 29, 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; and it is further, ORDERED that the motion is otherwise denied. DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur. By Duffy, J.P., Miller, Dowling, Taylor, JJ. IN THE MATTER OF ZYAIRE N. E. (ANONYMOUS). SUFFOLK COUNTY CHILD PROTECTIVE SERVICES, pet-res; AYSHA T. (ANONYMOUS), res-app — (NA-9014-2017/24E) — Appeal from an order of the Family Court, Suffolk County, dated January 9, 2024. By order to show cause dated April 1, 2024, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that the appellant is not aggrieved (see CPLR 5511). Now, upon the order to show cause and the papers filed in response thereto, it is ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements. DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur. By Duffy, J.P., Miller, Dowling, Taylor, JJ. IN THE MATTER OF MIREILLE ROYAL, res, v. ALBERT ROYAL, app — (F-17249-2018) — Appeal from an order of the Family Court, Kings County, dated February 15, 2024. By order to show cause dated May 6, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 20, 2024, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Now, upon the order to show cause and the papers filed in response thereto, it is ORDERED that the motion to dismiss the appeal is denied; and it is further, ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; 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 appeal will be dismissed without further notice. DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur. By Duffy, J.P., Miller, Dowling, Taylor, JJ. CRISTINA SPRINCEANA, res, v. CITY OF NEW YORK, def, JERRY CHRISAFIS, ET AL., app — Appeal from an order of the Supreme Court, Queens County, dated October 4, 2023. Motion by the defendant City of New York to amend the caption to designate it as a respondent and for leave to serve and file a respondent’s brief. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. WILLIAM CASEY, app — Appeal by William Casey from a judgment of the Supreme Court, Supreme County, rendered April 10, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra M. Shookhoff, dated April 23, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street — 9th Floor New York, New York 10038 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Duffy, J.P., Miller, Dowling, Taylor, JJ. ROSALIE ROCCHIO, res, v. PMC REBAR, INC., app; ROSALIE ROCCHIO, res, v. PMC REBAR, INC., app — Appeals from two orders of the Supreme Court, Suffolk County, dated March 26, 2024, and April 23, 2024, respectively. Motion by the appellant to stay all proceedings in the above-entitled action, including the inquest, pending hearing and determination of the appeals. Cross-motion by the respondent to dismiss the appeal from the order dated April 23, 2024, on the ground that no appeal lies from an order denying reargument. Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is ORDERED that the motion by the appellant is denied; and it is further, ORDERED that the cross-motion by the respondent is granted, and the appeal from the order dated April 23, 2024, is dismissed, without costs or disbursements. DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. EDISON BURGOS, app — Appeal by Edison Burgos from a judgment of the Supreme Court, Kings County, rendered April 23, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra M. Shookhoff, dated April 23, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street — 9th Floor New York, New York 10038 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Duffy, J.P., Miller, Dowling, Taylor, JJ. THE PEOPLE, ETC., res, v. ADEL ABDOU, app — Motion by Adel Abdou pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered February 15, 2024, upon a plea of guilty, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is granted; and it is further, ORDERED that the moving papers are deemed to constitute a timely notice of appeal; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street — 9th Floor New York, New York 10038 and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. LUIS MORALES, app — Appeal by Luis Morales from a judgment of the Supreme Court, Kings County, rendered April 2, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra M. Shookhoff, dated April 25, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street — 9th Floor New York, New York 10038 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Duffy, J.P., Miller, Dowling, Taylor, JJ. THE PEOPLE, ETC., res, v. LENIN MUNOZ-DIAZ, app — Motion by Lenin Munoz-Dias pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Westchester County, rendered October 12, 2023, upon a plea of guilty, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted; and it is further, ORDERED that the moving papers are deemed to constitute a timely notice of appeal; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Jason M. Bernheimer 480 Bedford Road, Suite 3201 Chappaqua, NY 10514-1715 and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF ELI M. S. (ANONYMOUS). ABBOTT HOUSE, pet-res; MELISSA M. S. (ANONYMOUS), res-app — (B-12409-2020) — Appeal by Melissa M. S. from an order of the Family Court, Kings County, dated March 7, 2024. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Elliot Green, dated May 28, 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: Elliot Green 32 Court Street, Suite 404 Brooklyn, NY 11201 718-260-8668 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 assigned counsel shall serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further, ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this order; and it is further, ORDERED that within 30 days after the date of this order, the assigned counsel shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcripts have been received, and indicating the date received; or (3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or (4) an affidavit or an affirmation withdrawing the appeal; and it is further, ORDERED that if none of the above actions described in (1), (2), (3) or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. ASHEAY BRISSETT, app — Appeal by Asheay Brissett from a judgment of the Supreme Court, Kings County, rendered April 4, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Yung-Mi Lee, dated April 17, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Twyla Carter The Legal Aid Society 199 Water Street — 5th Floor New York, NY 10038 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. FRANCESCA PANARESE, app — Appeal by Francesca Panarese from a judgment of the Supreme Court, Kings County, rendered April 19, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra Ferlise, dated April 26, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street — 9th Floor New York, New York 10038 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. FELIX ALLEN, app — Appeal by Felix Allen from a judgment of the Supreme Court, Kings County, rendered April 3, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra M. Shookhoff, dated April 30, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street — 9th Floor New York, New York 10038 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF ELIAS A. S. (ANONYMOUS). ABBOTT HOUSE, pet-res; MELISSA M. S. (ANONYMOUS), res-app — (B-10355-2021) — Appeal by Melissa M. S. from an order of the Family Court, Kings County, dated March 7, 2024. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Elliot Green, dated May 28, 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: Elliot Green 32 Court Street, Suite 404 Brooklyn, NY 11201 718-260-8668 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 assigned counsel shall serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further, ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this order; and it is further, ORDERED that within 30 days after the date of this order, the assigned counsel shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcripts have been received, and indicating the date received; or (3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or (4) an affidavit or an affirmation withdrawing the appeal; and it is further, ORDERED that if none of the above actions described in (1), (2), (3) or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Duffy, J.P., Miller, Dowling, Taylor, JJ. RANDOLPH GARCIA, app-res, v. NEW YORK CITY TRANSIT AUTHORITY, ET AL., def-res, CRISTOFFE CINTRON, ET AL., res-app; ELVIN CRUZ, app-res, v. METROPOLITAN TRANSPORTATION AUTHORITY, ET AL., def-res, CRISTOFFE CINTRON, ET AL., res-app; LUIS RIOS, app, v. NEW YORK CITY TRANSIT AUTHORITY, ET AL., res (AND A THIRD-PARTY ACTION) — Appeals from three judgments of the Supreme Court, Kings County, all dated July 13, 2023, and cross-appeals from the same judgments under Supreme Court Index Nos. 519043/2016 and 512449/2016, respectively. Motion by appellant-respondent Randolph Garcia to consolidate the appeals and to extend the time to perfect the appeals. Motion by the appellant-respondent Elvin Cruz to consolidate the appeals and to extend the time to perfect the appeals. Motion by the appellant Luis Rios to consolidate the appeals and to extend the time to perfect the appeals. Upon the papers filed in support of the motions and the papers filed in relation thereto, it is ORDERED that the branches of the motions which are to consolidate the appeals are denied; and it is further, ORDERED that on the Court’s own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further, ORDERED that the branches of the motions which are for an extension of time to perfect the appeals are granted, and on or before September 26, 2024, the appellants shall serve and file the records or appendices and the appellants’ briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the records or appendices and the appellants’ briefs and upload digital copies of the record or appendices and the appellants’ briefs, with proof of service thereof, through the digital portal on this Court’s website. DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF LENMARK RAWLINS DANIELS, res, v. BONITA OLIVIA MENTIS, app — (V-7075-2019, V-14333-2019) — Appeals by Bonita Olivia Mentis from two orders of the Family Court, Kings County, both dated October 16, 2023. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Richard A. Miller, dated June 18, 2024, it is ORDERED that the respondent is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to respond to the appeals: Kyle Sosebee 147 Prince Street, Suite 24 Brooklyn, N.Y. 11201 (413) 341-0908 and it is further, ORDERED that assigned counsel shall promptly attempt to contact the respondent at the address provided by the Court, and shall notify the Case Manager assigned to the appeals on or before July 19, 2024, in writing, that he has done so and that either (1) the respondent is interested in responding to the appeals, or (2) the respondent is not interested in responding to the appeals, or that he has been unable to contact the respondent, and wishes to be relieved of the assignment. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Duffy, J.P., Miller, Dowling, Taylor, JJ. MTGLQ INVESTORS, L.P., app, v. CHARLES RODGERS, ETC., res, ET AL., def; MTGLQ INVESTORS, L.P., app, v. CHARLES RODGERS, ETC., res, ET AL., def — Appeals from two orders of the Supreme Court, Queens County, dated June 13, 2022, and March 17, 2023, respectively. Motion by the respondent to consolidate the appeals and 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 denied; and it is further, ORDERED that on the Court’s own motion, the appeals will be calendared together and will be argued or submitted on the same date. DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur. By Duffy, J.P., Miller, Dowling, Taylor, JJ. JONATHAN CHANCE, app, v. DEBORAH CHANCE, res — Appeal from a judgment of the Supreme Court, Nassau County, dated March 2, 2023. Motion by assigned counsel for the appellant to be relieved of the assignment to prosecute the appeal with respect to issues of custody and visitation and for the assignment of new counsel to prosecute the appeal with respect to issues of custody and visitation. The appellant’s motion for assignment of counsel was granted on March 15, 2024, and the following named attorney was assigned as counsel to prosecute the appeal with respect to issues of custody and visitation: Amy L. Colvin 9 Everett Place Huntington, NY 11743 631-424-8495 Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and said assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further, ORDERED that pursuant to Family Court Act §1120 the following named attorney is assigned as counsel to prosecute the appeal with respect to issues of custody and visitation: William A. Sheeckutz 215 Ronni Drive East Meadow, NY 11554 516-513-1016 and it is further, ORDERED that the assigned counsel shall prosecute the appeal with respect to issues of custody and visitation 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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken. DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur. S. S. (ANONYMOUS), res, v. DIOCESE OF BROOKLYN, def, FRANCISCAN BROTHERS, INC., ETC., ET AL., app — Appeal by Franciscan Brothers, Inc and Saint Francis Preparatory School from an order of the Supreme Court, Kings County, dated January 31, 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 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. JONATHAN CHANCE, app, v. DEBORAH CHANCE, res — Appeal by Jonathan Chance from a judgment of the Supreme Court, Nassau County, dated March 2, 2023. By decision and order on motion of this Court decided herewith, the appellant is being granted leave to prosecute the appeal as a poor person as to issues involving custody and visitation, and counsel is being assigned to prosecute that portion of 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 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 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 assigned counsel served a copy of the decision and order on motion of this Court granting poor person relief to the appellant and assigning counsel 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 actions described in (1), (2), (3) or (4) above has been taken within 30 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. WILLIAM SCALES, app, v. LA WEB EXPERTS, res — Appeal from the denial of an application to sign an order to show cause of the Supreme Court, Kings County, which occurred on October 17, 2023. On the Court’s own motion, it is ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies 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). LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF ROMAN BRIK, app, v. ILANA STROUTSOVSKY, res — (V-1268-2020/2022A, V-1268-2020/2022B, V-1269-2020/2022A, V-1269-2020/2022B) — Appeal from an order of the Family Court, Richmond County, dated February 28, 2024. By scheduling order dated April 8, 2024, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the scheduling order: (1) an affidavit or affirmation stating that there are no minutes of the 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 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 appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or (5) an affidavit or an affirmation withdrawing the appeal. The appellant has failed to comply with the scheduling order. Pursuant to §670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), it is ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated April 8, 2024, by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court’s website, on or before July 29, 2024; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before July 29, 2024; and it is further, ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties via email to the email address provided to this court, or if no email address is available for service by regular mail. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF OLENA LYSYTSINA, app, v. DALLAS ELLIOTT, res — (V-25585-2023) — Appeal from an order of the Family Court, Kings County, dated December 21, 2023. By scheduling order dated April 26, 2024, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the scheduling order: (1) an affidavit or affirmation stating that there are no minutes of the 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 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 appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or (5) an affidavit or an affirmation withdrawing the appeal. The appellant has failed to comply with the scheduling order. Pursuant to §670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), it is ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated April 26, 2024, by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court’s website, on or before July 29, 2024; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before July 29, 2024; and it is further, ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties via email to the email address provided to this court, or if no email address is available for service by regular mail. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF KEVIN O’NEIL, app, v. ALICE FABIO O’NEIL, res. (PROCEEDING NO. 1); IN THE MATTER OF ALICE FABIO O’NEIL, res, v. KEVIN O’NEIL, app. (PROCEEDING NO. 2) — (O-3229-2020, V-4062-2020/2020A, V-5681-2020, V-4062-2020/2021B, V-5681-2020/2021A, F-3779-2020/2020A, F-3779-2020/2020) — Appeal from an order of the Family Court, Nassau County, dated February 28, 2024. By scheduling order dated April 26, 2024, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the scheduling order: (1) an affidavit or affirmation stating that there are no minutes of the 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 that it was received; or (3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or (4) an affidavit or an affirmation withdrawing the appeal. The appellant has failed to comply with the scheduling order. Pursuant to §670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), it is ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated April 26, 2024, by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court’s website, on or before July 29, 2024; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before July 29, 2024; and it is further, ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties via email to the email address provided to this court, or if no email address is available for service by regular mail. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Wan, J. THE PEOPLE, ETC., res, v. RAFAEL E. RODRIGUEZ, app — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated February 9, 2024, which has been referred to me for determination. Upon the papers filed in support of the application and the papers filed in opposition thereto, it is ORDERED that the application is granted; the defendant is granted leave to appeal from the order of the Supreme Court, Suffolk County, dated February 9, 2024, made in this case; and it is further, CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further, ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order. By Ventura, J. THE PEOPLE, ETC., plf, v. LATEEF HICKS, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Kings County, dated April 26, 2024, which has been referred to me for determination. Upon the papers filed in support of the application and the papers filed in opposition thereto, it is ORDERED that the application is denied. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. LALIT PATEL, ETC., ET AL., app, v. VIMAL BHATT, res — Appeal from an order of the Supreme Court, Nassau County, dated June 23, 2023. 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 August 27, 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. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. SHANELIA RICE, res, v. PETER E. GODING, app, ET AL., def — Appeal from an order of the Supreme Court, Kings County, dated July 12, 2023. Motion by the appellant to extend the time to perfect the appeal. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and on or before September 26, 2024, the appellant shall serve and file the record or appendix and the appellant’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant’s brief and upload digital copies of the record or appendix and the appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. JANE ROE, res, v. POLY PREP COUNTRY DAY SCHOOL, app, ET AL., def — Appeal from an order of the Supreme Court, Kings County, dated February 28, 2023. Motion by the appellant to extend the time to serve and file a reply 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 July 29, 2024, the appellant shall serve and file the 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. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. MICHAEL DELIA, ET AL., res, v. ALAN WIEDER, ETC., ET AL., def, ANTHONY BRUNO, ETC., app — Appeal from an order of the Supreme Court, Nassau County, dated February 8, 2021. Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. MICHAEL DELIA, ET AL., res, v. ALAN WIEDER, ETC., ET AL., def, MERCY MEDICAL CENTER, ETC., AT AL., app — Appeal from an order of the Supreme Court, Nassau County, dated February 17, 2021. Motion by the appellants to stay the trial in the above-entitled action, pending hearing and determination of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Landicino, J. THE PEOPLE, ETC., plf, v. KEVIN GRIFFIN, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the County Court, Orange County, dated March 1, 2024, which has been referred to me for determination. Upon the papers filed in support of the application and the papers filed in opposition thereto, it is ORDERED that the application is denied. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. MICHAEL DELIA, ET AL., res, v. ALAN WIEDER, ETC., app, ET AL., def — Appeal from an order of the Supreme Court, Nassau County, dated February 11, 2021. Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. IN THE MATTER OF XIA LAN LIN, pet-app, v. PROJECT RENEWAL, ET AL., res, JUDIFF JACKSON, res-res — Appeal from an order of the Supreme Court, Kings County, dated March 5, 2024. Motion by the appellant pro se for leave to prosecute the appeal as a poor person, and to extend the time to perfect the appeal. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied; and it is further, ORDERED that the branch of the motion which is to extend the time to perfect the appeal is denied as premature. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., res, v. PASQUALE J. SICURANZA, ETC., app — Appeal from an order of the Supreme Court, Suffolk County, dated July 14, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 27, 2024, the appellant shall and serve and file the record or appendix and the appellant’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant’s brief and upload digital copies of the record or appendix and the appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. HSBC BANK USA, NATIONAL ASSOCIATION, ETC., res, v. JACK SARDAR, ET AL., def, BERTA SARDAR, app — Appeal from an order of the Supreme Court, Kings County, dated August 23, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 27, 2024, the appellant shall and serve and file the record or appendix and the appellant’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant’s brief and upload digital copies of the record or appendix and the appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. THE PEOPLE, ETC., res, v. TEMIKA ELLIS, app — Motion by Temika Ellis pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered September 29, 2023, upon a plea of guilty, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is granted; and it is further, ORDERED that the moving papers are deemed to constitute a timely notice of appeal; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street — 9th Floor New York, New York 10038 and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. WILMINGTON, res, v. NEZAM ZAMAN, app, ET AL., def — Appeal from an order of the Supreme Court, Kings County, dated September 20, 2023. Motion by the appellant to extend the time to perfect the appeal. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and on or before August 12, 2024, the appellant shall serve and file the record or appendix and the appellant’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant’s brief and upload digital copies of the record or appendix and the appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. ADAM HENDRY, ET AL., res, v. ARBOR AGENCY LENDING LLC, ET AL., app — Appeal from an order of the Supreme Court, Nassau County, dated July 5, 2023. Motion by the respondents to hold the appeal in abeyance, pending the hearing and determination of a motion to amend the complaint by the Supreme Court, Nassau County, or, in the alternative, to extend the time to serve and file a brief. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the branch of the motion which is to hold the appeal in abeyance is denied; 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 July 29, 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; and it is further, ORDERED that no further extension of time shall be granted. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. IN THE MATTER OF WILLIAM VEGA, app, v. TINA STANFORD, ETC., ET AL., res — Appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated December 21, 2023. Motion by the appellant pro se for leave to prosecute the appeal as a poor person. 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, the appellant shall perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant’s brief, and uploading a digital copy of the appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website; if the appellant is unable to access the digital portal on this Court’s website, the appellant may file one copy of the brief by regular mail; and it is further, ORDERED that the branches of the motion which are to waive payment of the filing fee and for free transcripts are denied. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. THE PEOPLE, ETC., plf, v. EDWARD HOLLEY, def — Motion by the defendant for a change of venue of the trial of Orange County Indictment Nos. 70063/2024 and 52/2024, from Orange County to another County. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. PEDRO MELGAREJO-SANCHEZ, app — Appeal by Pedro Melgarejo-Sanchez from a judgment of the Supreme Court, Queens County, rendered May 1, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra Shookhoff, dated May 15, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street — 9th Floor New York, New York 10038 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. ALAN ISKANDAROV, app — Appeal by Alan Iskandarov from a judgment of the Supreme Court, Kings County, rendered April 1, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra M. Shookhoff, dated May 1, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street — 9th Floor New York, New York 10038 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. WANDY CRUZ, app — Appeal by Wandy Cruz from a judgment of the Supreme Court, Kings County, rendered March 20, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Yung-Mi Lee, dated March 29, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street — 9th Floor New York, New York 10038 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. IN THE MATTER OF SARAH R. GLIKSMAN, app, v. SHAPSI BUREKHOVICH, res — (O-9241-2024) — Appeal by Sarah R. Gliksman from an order of the Family Court, Kings County, dated May 3, 2024. 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; 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 appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the 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 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 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 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. JONATHAN MAWERE, ETC., app, v. JOEL LANDAU, ET AL., res — Appeal from a judgment of the Supreme Court, Kings County, dated April 16, 2024. Application by Dorothy Rubin, as executor of the estate of Liebel Rubin, to be substituted for the deceased respondent Leibel Rubin, and to amend the caption accordingly. On the Court’s own motion, it is ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered (1) dismissing the appeal on the ground that the notice of appeal was filed in violation of the statutory stay of proceedings (see CPLR 1015[a]; JP Morgan Chase Bank, N.A. v. Rosemberg, 90 AD3d 713), which arose upon the death of the deceased respondent Leibel Rubin on December 22, 2023, and (2) vacating the judgment as a nullity (see CPLR 1015; Matter of Einstoss, 26 NY2d 181), by each serving and filing an affirmation or affidavit on that issue, via NYSCEF, on or before July 29, 2024; and it is further, ORDERED that the application is held in abeyance in the interim; and it is further, ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause by uploading a copy of this order to show cause to the NYSCEF system. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Miller, J. THE PEOPLE, ETC., res, v. JUDAH KARKOWSKY, app — Appeal from a judgment of the Supreme Court, Nassau County, rendered June 20, 2024. Motion by the appellant pursuant to CPL 460.50 for a stay of execution of said judgment, and to be released on his own recognizance or, in the alternative, to fix reasonable bail. Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon hearing the attorneys for the respective parties, it is ORDERED that the motion is granted and execution of the judgment is stayed by the giving of an insurance company bail bond in the amount of $100,000, or a partially secured surety bond in the amount of $250,000 with a 10% deposit, or by depositing the sum of $50,000 as a cash bail alternative, on condition that, in addition to posting a bond or depositing the cash alternative set forth above, the appellant shall (1) wear an electronic monitoring bracelet, with monitoring services to be provided by a qualified entity pursuant to CPL 510.40(4)(c), and any violations of the conditions set forth herein relating to the electronic monitoring shall be reported by the electronic monitoring service provider to the Office of the District Attorney of Nassau County, and further proceedings pursuant to CPL 510.40(4)(d), if any, shall be conducted in the Supreme Court, Nassau County; (2) remain confined to his residence, except for visits to his place of worship, his attorney, his doctors, or court, and must travel directly from his residence to his place of worship, his attorney, his doctors, or court, and directly back to his residence, when conducting those visits; (3) surrender all passports, if any, he may have to the Office of the District Attorney of Nassau County, or, if he does not possess a passport, he shall provide to the Office of the District Attorney of Nassau County an affidavit in a form approved by the Office of the District Attorney of Nassau County, in which he attests that he does not possess a passport, and shall not apply for any new or replacement passports; and (4) provide to the Office of the District Attorney of Nassau County an affidavit in a form approved by the Office of the District Attorney of Nassau County, in which he attests that if he leaves the jurisdiction he agrees to waive the right to oppose extradition from any foreign jurisdiction; and it is further, ORDERED that this stay shall terminate and be of no further effect 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this Court, or unless this Court shall have extended this order; and it is further, ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to execute sentence; and it is further, ORDERED that upon receipt of a copy of this decision and order on motion together with proof that: (1) the appellant has given an insurance company bail bond in the amount of $100,000, or a partially secured surety bond in the amount of $250,000 with a 10% deposit, or has deposited the sum of $50,000 as a cash bail alternative; (2) the appellant has arranged for electronic monitoring with a qualified entity pursuant to CPL 510.40(4)(c); (3) the appellant has surrendered any and all passports in his possession to the Office of the District Attorney of Nassau County, or, if he does not possess a passport, has provided to the Office of the District Attorney of Nassau County an affidavit in a form approved by the Office of the District Attorney of Nassau County, in which he attests that he does not possess a passport, and shall not apply for any new or replacement passports; and (4) the appellant has executed a waiver of extradition, the Warden of the facility at which the appellant is incarcerated, or his or her agent, is directed to immediately release the appellant; and it is further, ORDERED that counsel for the appellant shall serve a copy of this decision and order on motion, by regular mail, on the Clerk of the court from which the appeal is taken. Order on Application released on: June 28, 2024
MATTER OF APPLICATIONS TO WITHDRAW APPEALS, CROSS APPEALS, OR PROCEEDINGS. — Parties to the following causes have filed applications to withdraw certain appeals, cross appeals, or proceedings. Upon the papers filed in support of the applications, it is ORDERED that the applications are granted and the following appeals, cross appeals, or proceedings by the applicant(s) set forth below are deemed withdrawn, without costs or disbursements: Avgoustidis v. Almiroudis, 2023-10180, George Almiroudis, Mesta Realty, LLC Ditech Financial, LLC v. Connors, 2023-11362, Maria E. Connors Matter of Police Benevolent Association v. County of Nassau, 2024-04855, County of Nassau, Nassau County Police Department Matter of Province of Meribah Society of Mary v. Danziger, 2024-04755, Anne M. Danziger, Town of Islip Board of Assessment Review Matter of Wahlberg v. City of Poughkeepsie, 2023-11419, City of Poughkeepsie, Poughkeepsie Historic District and Landmarks Preservation Commission, Marc Nelson Morillo v. Polanco, 2024-03889, Jesus M. Polanco, Beverly Hills Limo & Corporate Coach, Inc., Royal Coach Lines, Inc. U.S. Bank National Association v. Santos, 2023-09842, U.S. Bank National Association US Bank v. Dayan, 2023-11891, US Bank Villamar v. HP Jamaica 94th Avenue Housing Development Fund Company, Inc., 2023-09716, Paola Del Carmen Millan Villamar Wilmington v. Saunders, 2023-11897, Jenard Saunders Denotes that application is made upon stipulation.
