Motion List released on: July 3, 2024
By Wan, J. THE PEOPLE, ETC., plf, v. MAICOL CAMINERO FIGUEROA, 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, Nassau County, dated April 16, 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. LAUREN K. FONSECA, res, v. MICHAEL T. FONSECA, app — Appeal from an order of the Supreme Court, Nassau County, dated April 4, 2024. Motion by the appellant for leave to appeal to this Court from the order and to stay all proceedings in the above-entitled action, including enforcement of the order, pending hearing and determination of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the branch of the motion which is for leave to appeal to this Court from the order is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further, ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, including enforcement of the order, is denied. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. DERRICK SIMMONS, ETC., res, v. ALFRED BELL, ET AL., app — Appeal from an order of the Supreme Court, Queens County, dated December 9, 2022. Motion by the respondent 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 no papers having been filed in opposition or in relation 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. U.S. BANK NATIONAL ASSOCIATION, res, v. MARC DESIR, app — Appeal from an order of the Supreme Court, Suffolk County, dated February 14, 2024. Motion by the appellant, inter alia, to stay enforcement of a judgment of the same court dated April 11, 2023. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. EVANGELINE BYARS, ETC., app, v. TRANSPORT WORKERS UNION OF AMERICA, ETC., ET AL., res — Appeal from an order of the Supreme Court, Kings County, dated April 5, 2022. Motion by the respondent Transport Workers Union, Local 100 to dismiss the appeal on the ground that it has been rendered academic. Application by the respondent Transport Workers Union, Local 100 to extend the time to serve and file a brief. Application by the respondent Transport Workers Union of America to extend the time to serve and file a brief. Application by the respondent Barbara Deinhardt 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, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further, ORDERED that the applications are granted, and on or before August 19, 2024, the respondents shall serve and file their respective respondents’ briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve their respective briefs and upload a digital copy of the briefs, with proof of service thereof, through the digital portal on this Court’s website. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF PATRICK J. MAHONEY, JR., app, v. DEANNA E. CUZCO, res — (V-1845-2015/2022D, V-4501-2018/2022A) — Appeal by Patrick J. Mahoney, Jr. from an order of the Family Court, Dutchess County, dated October 13, 2023. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Anna J. Matula-Evans, dated June 26, 2024, it is ORDERED that pursuant to Family Court Act §1120, the following named attorney is assigned as the attorney for the children on the appeal: Donna M. Genovese 81 Main Street, Suite 405 White Plains, NY 10601 914-681-6006 and it is further, ORDERED that Anna J. Matula-Evans is directed to turn over all papers in the proceeding to the new attorney for the children herein assigned. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. THE PEOPLE, ETC., res, v. RAFAEL DAVILA, app — Appeal from an order of the Supreme Court, Kings County, dated June 23, 2023. By order to show cause dated November 1, 2023, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that the order dated June 23, 2023, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15). By decision and order on motion of this Court dated March 18, 2024, the application by the defendant, in effect, pursuant to CPL 460.30 for an extension of time to make a make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order was granted and the motion to dismiss the appeal was held in abeyance in the interim. By decision and order on application of this Court dated May 13, 2024, the application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order was denied. 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 granted and the appeal purportedly taken as of right is dismissed, without costs or disbursements. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF ALEXIS ROMAN, res, v. RUTH DECEUS, app — (O-3455-2024) — Appeal by Ruth Deceus from an order of the Family Court, Queens County, dated April 18, 2024. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Janet L. Brown, dated June26, 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: Janet L. Brown 155-03 Jamaica Avenue Jamaica, NY 11432-6052 718-570-7761 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. IN THE MATTER OF REGGIE P. (ANONYMOUS), res-app, v. HEATHER D. (ANONYMOUS), res; KAYLA P. (ANONYMOUS), nonparty-app-res — (V-2811-2011/2019F, V-2811-2011/2019G, V-2811-2011/2020I) — Appeal by Kayla P. and cross-appeal by Reggie P. from an order of the Family Court, Suffolk County, dated February 20, 2024. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the cross-appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the respondent-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 respondent-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 cross-appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or (3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or (4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the cross-appeal, a motion in this Court for leave to prosecute the cross-appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or (5) an affidavit or an affirmation withdrawing the cross-appeal; and it is further, ORDERED that if none of the actions described in (1), (2), (3), (4) or (5) above has been taken within 30 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal and cross-appeal to show cause why the cross-appeal should or should not be dismissed. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. THE PEOPLE, ETC., res, v. OBIE GRAHAM, app — Appeal from an order of the Supreme Court, Westchester County, dated July 5, 2023. By order to show cause dated November 1, 2023, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that the order dated July 5, 2023, is not appealable as of right and leave to appeal has not been granted. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. Now, upon the order to show cause and the papers filed in response thereto, and 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 to dismiss the appeal is granted and the appeal is dismissed (see CPL 450.10, 450.15); and it is further, ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied as academic. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. DEUTSCHE BANK NATIONAL TRUST COMPANY AMERICAS, ETC., res, v. JUNG LEE, ET AL., app, ET AL., def — Appeals from two orders of the Supreme Court, Queens County, dated September 29, 2021, and April 17, 2023, respectively. Motion by the appellants to deem the notice of appeal from the order dated September 29, 2021, to be a premature notice of appeal from the order dated April 17, 2023, or, in the alternative, to consolidate the appeals. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the branch of the motion which is to consolidate the appeals is granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order dated September 29, 2021, are deemed also to be filed in connection with the appeal from the order dated April 17, 2023, and on or before August 2, 2024, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2023-09563 in addition to Appellate Division Docket No. 2021-08162 on the covers, and the appellants shall serve and file, via NYSCEF, a replacement record which contains Appellate Division Docket No. 2023-09563 in addition to Appellate Division Docket No. 2021-08162 on the cover and which also contains the order dated April 17, 2023, and the notice of appeal from the order dated April 17, 2023; and it is further, ORDERED that the motion is otherwise denied. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. IN THE MATTER OF EHAB NAGUIB, app, v. DINA NAGUIB, res — (O-6204-2024) — Appeal by Ehab Naguib from an order of the Family Court, Queens County, dated April 4, 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) 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 Iannacci, J.P., Genovesi, Wan, Landicino, JJ. DALE FRASER, app, v. 134 QUINCY STREET, LLC, ET AL., def, L & C ASSOCIATES, LLC, res; DALE FRASER, app, v. 134 QUINCY STREET, LLC, ET AL., def, L & C ASSOCIATES, LLC, res — Appeals from two orders of the Supreme Court, Kings County, dated April 15, 2021, and January 6, 2023, respectively. Motion by the appellant to consolidate the appeals, to extend the time to perfect the appeal from the order dated January 6, 2023, and for leave to proceed on the original papers on the appeal from the order dated January 6, 2023. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the branches of the motion which are to consolidate the appeals and for leave to proceed on the original papers on the appeal from the order dated January 6, 2023, 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 branch of the motion which is to extend the time to perfect the appeal from the order dated January 6, 2023, is granted, and on or before August 2, 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. THE PEOPLE, ETC., app, v. QUESAN BROWN, res — Appeals from two orders of the County Court, Rockland County, dated February 8, 2022, and May 6, 2022, respectively. By decision and order on motion of this Court dated May 1, 2024, issued in compliance with the requirements of People v. Garcia (93 NY2d 42), the appellant directed to serve a copy of the decision and order on motion dated May 1, 2024, together with copies of the appellant’s brief and the transcripts of the proceedings, upon the respondent, Quesan Brown, by personal delivery of the same to him and to file proof of such service with the Clerk of this Court within 20 days. Motion by the appellant to extend the time to serve and file proof of service of the decision and order on motion dated May 1, 2024, together with copies of the appellant’s brief and the transcripts of the proceedings, upon the respondent, Quesan Brown. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, the appellant’s time to serve and file proof of service of the decision and order on motion dated May 1, 2024, together with copies of the appellant’s brief and the transcripts of the proceedings, upon the respondent, Quesan Brown, is extended, and on or before August 2, 2024, the appellant shall file proof of such service with the Clerk of this Court via email at [email protected]. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. IN THE MATTER OF EARL TREVOR PRYCE, res, v. TIJERA CLICHE’ TRUSS, app. (PROCEEDING NO. 1); IN THE MATTER OF TIJERA CLICHE’ TRUSS, app, v. EARL TREVOR PRYCE, res. (PROCEEDING NO. 2) — (V-4273-2020, V-4699-2020) — Appeals by Tijera Cliche’ Truss from two orders of the Family Court, Nassau County, both dated March 26, 2024. By order on certification of this Court dated June 10, 2024, the following attorney was assigned as counsel for the appellant on the appeals: Martha Krisel 527 Hudson Street, #20100 New York, N.Y. 10014 516-317-7404 By letter dated June 28, 2024, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeals. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of any Family Court proceedings to be transcribed for the appeals; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or (3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated June 10, 2024, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or (4) an affidavit or an affirmation withdrawing the appeals; 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 appeals to show cause why the appeals should or should not be dismissed. By Iannacci, J.P., Genovesi, Wan, Landicino, JJ. THE PEOPLE, ETC., res, v. MAICOL CAMINERO FIGUEROA, app — Motion by the defendant for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, dated April 16, 2024, as a poor person and for the assignment of counsel. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is denied as academic as the defendant’s application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated April 16, 2024, is being denied by decision and order on application decided herewith. IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. PEDRO E. SANTIAGO, app — Appeal by Pedro E. Santiago from a judgment of the County Court, Dutchess County, rendered March 25, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Kristen A. Verrino, dated May 20, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Carol Kahn P.O. Box 1592 New York, NY 10028 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. JENNIFER LIRANZO, res, v. DAVID LIRANZO, app — Appeal from an order of the Supreme Court, Westchester County, dated March 13, 2024. On the Court’s own motion, it is ORDERED that the appeal is dismissed on the ground that the right of direct appeal from the order dated March 13, 2024, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Westchester County, dated May 6, 2024 (see Matter of Aho, 39 NY2d 241). LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. TONY KEMPSEY, app — Appeal by Tony Kempsey from a judgment of the Supreme Court, Queens County, rendered May 14, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Benjamin Mejia, 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. DAVID CARABALLO, app — Appeal by David Caraballo from a judgment of the Supreme Court, Queens County, rendered April 29, 2024, following a trial. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Lori Golombek, 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: 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. CARLOS SEIXAS, app — Appeal by Carlos Seixas from a judgment of the Supreme Court, Queens County, rendered May 1, 2024, following a trial. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Joshua Epstein, dated May 14, 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 MESSIAH S. E. (ANONYMOUS). SCO FAMILY OF SERVICES, pet-res; MICQUELLA E. (ANONYMOUS), res-app. (PROCEEDING NO. 1); IN THE MATTER OF MALAYSA E. (ANONYMOUS). SCO FAMILY OF SERVICES, pet-res; MICQUELLA E. (ANONYMOUS), res-app. (PROCEEDING NO. 2); IN THE MATTER OF MYKELL LAMONT E. (ANONYMOUS). SCO FAMILY OF SERVICES, pet-res; MICQUELLA E. (ANONYMOUS), res-app. (PROCEEDING NO. 3) — (B-22801-2019, B-22846-2019, B-22879-2019) — Appeals by Micquella E. from three orders of the Family Court, Queens County, all dated May 13, 2024. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Chinyere U. Eze-Nliam, dated May 17, 2024, it is ORDERED that the appellant is granted leave to proceed as a poor person on the appeals and the following named attorney is assigned as counsel to prosecute the appeals: Chinyere U. Eze-Nliam 155-03 Jamaica Ave. Jamaica, NY 11432-3829 (718) 616-9866 and it is further, ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the 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 appeals, including the attorney for the children, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that assigned counsel shall serve a copy of this order upon the clerk of the court from which the appeals are taken; and it is further, ORDERED that the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this 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 appeals; 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 appeals are taken, the date thereof, and the date by which the transcripts are expected; or (4) an affidavit or an affirmation withdrawing the appeals; 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 appeals to show cause why the appeals 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. ALEX CHARLOT, app — Appeal by Alex Charlot 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 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 KAYLA MICHELLE EDWARDS, res, v. RICARDO HYLTON GORDON, app — (O-8210-2024) — Appeal from an order of the Family Court, Suffolk County, dated May 24, 2024. 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 an order issued ex parte (see CPLR 5701, 5704). LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF JULIE BRUNO SULLIVAN, res, v. MARK RIPOLONE, app — (O-146-2024/24A) — Appeals from two orders of the Family Court, Dutchess County, both dated April 17, 2024. On the Court’s own motion, it is ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511), by each uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court’s website on or before August 2, 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 August 2, 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 or their attorneys, via email to the email address provided to this Court, or if no email address is available for service by regular mail. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Love, J. THE PEOPLE, ETC., plf, v. ISAIAH KELSON, 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, Richmond County, dated April 15, 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. HUGO GONZALEZ, res, v. BRENTWOOD UNION FREE SCHOOL DISTRICT, ETC., app — Appeal by Brentwood Union Free School District from an order of the Supreme Court, Suffolk County, dated May 17, 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 action shall be perfected within 90 days of the date of this scheduling order; and it is further, ORDERED that if the appellant does not perfect the appeal within 90 days of the date of this scheduling order, the 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. JM DOE, plf-res, v. NEWBURGH ENLARGED SCHOOL DISTRICT, ETC., ET AL., def-res, RALPH PETROZELLO, app — Appeal by Ralph Petrozello from an order of the Supreme Court, Orange County, dated May 2, 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 action shall be perfected within 90 days of the date of this scheduling order; and it is further, ORDERED that if the appellant does not perfect the appeal within 90 days of the date of this scheduling order, the 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. LAURA BRENNAN, app, v. SUFFOLK COUNTY, res — Appeal by Laura Brennan from an order of the Supreme Court, Suffolk County, dated May 22, 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 action shall be perfected within 90 days of the date of this scheduling order; and it is further, ORDERED that if the appellant does not perfect the appeal within 90 days of the date of this scheduling order, the 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. IN THE MATTER OF ELI A. E. (ANONYMOUS), app, v. SIVIAN E. (ANONYMOUS), res — (P-21319-2022) — Appeal by Eli A. E. from an order of the Family Court, Kings County, dated June 4, 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. IN THE MATTER OF CHRISTY LYNN LATIMER, res, v. ROBERT EDWARD LATIMER, app — (O-398-2024) — Appeal by Robert Edward Latimer from an order of the Family Court, Putnam County, dated May 22, 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. IN THE MATTER OF SANDRA MILLS, res, v. TAMECO FROST, app — (O-6505-2020) — Appeal by Tameco Frost from an order of the Family Court, Queens County, dated June 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. IN THE MATTER OF MARLON MCPHAIL, app, v. NICOLE L. BORGES, res — (F-8174-2022/2022A) — Appeal by Marlon McPhail from an order of the Family Court, Kings County, dated May 28, 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) 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. IN THE MATTER OF JUAN JOSE GILBERT FERNANDEZ, app, v. RANDI NICOLE RASPBERRY, res. (PROCEEDING NO. 1); IN THE MATTER OF RANDI NICOLE RASPBERRY, res, v. JUAN JOSE GILBERT FERNANDEZ, app. (PROCEEDING NO. 2) — (V-10843-2020, V-13460-2020) — Appeal by Juan Jose Gilbert Fernandez from an order of the Family Court, Suffolk County, dated June 30, 2023. On the Court’s own motion, it is ORDERED that pursuant to Family Court Act §1120 the following named attorney is assigned as attorney for the child: Ronna L. Deloe 2005 Palmer Avenue, #276 Larchmont, NY 10538 914-843-8677 and it is further, ORDERED that the attorney for the child shall respond to 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 the attorney for the child 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 HOWARD B. HALVERSON, app, v. KARLA R. KARWAS, res — (O-2665-2024) — Appeal by Howard B. Halverson from an order of the Family Court, Orange County, dated June 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. IN THE MATTER OF DENNIS J. SMITH, app, v. SHIRLEY LIMAGE-BROWN, res — (U-23221-2015/2022B) — Appeal by Dennis J. Smith from an order of the Family Court, Queens County, dated August 24, 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 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) 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. ROSE LEMORROCCO, res, v. WESTCHESTER COUNTY, app — Appeal by Westchester County from an order of the Supreme Court, Westchester County, dated March 12, 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 action shall be perfected within 90 days of the date of this scheduling order; and it is further, ORDERED that if the appellant does not perfect the appeal within 90 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. TONYA BEST, app — Appeal by Tonya Best from a judgment of the Supreme Court, Orange County, rendered March 29, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Christopher B. Kleister, dated May 21, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Christopher Brennar Sevier P.O. Box 75 Montgomery, NY 12549 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. J.R., res, v. SCARSDALE UNION FREE SCHOOL DISTRICT, ET AL., app — Appeal by Scarsdale Union Free School District and Scarsdale Union Free School District Board of Education from an order of the Supreme Court, Westchester County, dated May 2, 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 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. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF KEYAAN E. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; SHALEYAH E., res-app. (PROCEEDING NO. 1); IN THE MATTER OF PRINCESS E. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; SHALEYAH E., res-app. (PROCEEDING NO. 2); IN THE MATTER OF DEANDRE C. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; SHALEYAH E., res-app. (PROCEEDING NO. 3) — (NN-18971-2018, NN-12591-2019, NN-9131-2020) — Appeal by Shaleyah E. from an order of the Family Court, Queens County, dated May 1, 2024. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Vasilios Stotis, dated May 23, 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: Center for Family Representation, Inc. 40 Worth Street, Suite 605 New York, NY 10013 212-691-0950 ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties, who are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[e]; Family Ct Act §1116); and it is further, ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that assigned counsel shall serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further, ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this order; and it is further, ORDERED that within 30 days after the date of this order, the assigned counsel shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcripts have been received, and indicating the date received; or (3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or (4) an affidavit or an affirmation withdrawing the appeal; and it is further, ORDERED that if none of the above actions described in (1), (2), (3) or (4) above, has been taken within 30 days of the date of this scheduling order, the 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. LCVAWCP-DOE, res, v. JAMES COLLINS, ET AL., def, CHAPPAQUA CENTRAL SCHOOL DISTRICT, app — Appeal by Chappaqua Central School District from an order of the Supreme Court, Westchester County, dated May 14, 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 action shall be perfected within 90 days of the date of this scheduling order; and it is further, ORDERED that if the appellant does not perfect the appeal within 90 days of the date of this scheduling order, the 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 Barros, J. THE PEOPLE, ETC., plf, v. CRAIG MOBAYED, 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, Richmond County, dated January 23, 2023, 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. JM DOE, plf-res, v. NEWBURGH ENLARGED SCHOOL DISTRICT, ETC., ET AL., def-res, RALPH PETROZELLO, app — Appeal by Ralph Petrozello from an order of the Supreme Court, Orange County, dated May 2, 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 action shall be perfected within 90 days of the date of this scheduling order; and it is further, ORDERED that if the appellant does not perfect the appeal within 90 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. DEIANDRE PHILLIPS, app — Appeal by Deiandre Phillips from a judgment of the Supreme Court, Westchester County, rendered May 9, 2024, following a trial. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Christopher R. Daniele, dated May 14, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Adam Seiden 9 West Prospect Ave., Ste. 403 Mount Vernon, NY 10550 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. ANDREW CAVACIUTI, res, v. DIOCESE OF BROOKLYN, ET AL., def, ST. CECILIA’S ROMAN CATHOLIC CHURCH, ET AL., app — Appeal by St. Cecilia’s Roman Catholic Church, Sisters of St. Joseph of Brentwood and St. Cecilia’s School from an order of the Supreme Court, Kings County, dated March 18, 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 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. MICHAEL MCTIGHE, res, v. PUTNAM COUNTY, def, BERKSHIRE FARM CENTER AND SERVICES FOR YOUTH, app — Appeal by Berkshire Farm Center and Services for Youth from an order of the Supreme Court, Putnam County, dated May 16, 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 action shall be perfected within 90 days of the date of this scheduling order; and it is further, ORDERED that if the appellant does not perfect the appeal within 90 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF CARLOS J. G. W. (ANONYMOUS), JR. LUTHERAN SOCIAL SERVICES OF METRO NEW YORK, pet-res; CARLOS G. (ANONYMOUS), SR., res-app — (B-6862-2021) — Appeal by Carlos G., Sr. from an order of the Family Court, Queens County, dated April 16, 2024. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Rebecca Sodhi, dated May 14, 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: Helene Bernstein 594 Dean Street, 2nd Floor Brooklyn, NY 11238 917-748-9854 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 24, 2024, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either (1) the appellant is interested in prosecuting the appeal, or (2) the appellant is not interested in prosecuting the appeal, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties, who are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[e]; Family Ct Act §1116); and it is further, ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further, ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. JOHNATHAN WRIGHT, app — Appeals by Johnathan Wright from two judgments of the County Court, Suffolk County, both rendered May 7, 2024, following a trial. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Ian T. Fitzgerald, dated May 9, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeals: Charles Von Schmidt 9100 Republic Airport, Hanger Three Farmingdale, NY 11735 and it is further, ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the 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 appeals is extended; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. S.V., app, v. KINGDOM HALL CONGREGATION OF JEHOVAH’S WITNESSES, ET AL., def, WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC., ET AL., res — Appeal by S.V. from an order of the Supreme Court, Kings County, dated June 4, 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 action shall be perfected within 90 days of the date of this scheduling order; and it is further, ORDERED that if the appellant does not perfect the appeal within 90 days of the date of this scheduling order, the 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. IN THE MATTER OF AIYANA F. (ANONYMOUS). SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, pet-res; DANIELLE B. ANONYMOUS), res-app, ET AL., res. (PROCEEDING NO. 1); IN THE MATTER OF NAOMI F. (ANONYMOUS). SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, pet-res; DANIELLE B. ANONYMOUS), res-app, ET AL., res. (PROCEEDING NO. 2) — (N-2420-2021, N-2421-2021) — Appeal by Danielle B. from an order of the Family Court, Suffolk County, dated September 26, 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 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) 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. THE PEOPLE, ETC., res, v. EMANUEL LINDARTE-MUJCA, app — Appeal by Emanuel Lindarte-Mujca from a judgment of the County Court, Nassau County, rendered April 30, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Kimberly R. Kaufmann, 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: Jillian S. Harrington P.O. Box 131621 Staten Island, NY 10313 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Barros, J.P., Iannacci, Ford, Voutsinas, JJ. ORAL CLARKE, ET AL., res, v. TOWN OF NEWBURGH, ET AL., app — Appeal from an order of the Supreme Court, Orange County, dated May 17, 2024. Motion by the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal, to set an expedited briefing schedule, and for a preference in the calendaring of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal, is denied; and it is further, ORDERED that the branch of the motion which is to set an expedited briefing schedule is granted, and on or before July 17, 2024, the appellants 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], 1250.14[b]), 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; and it is further, ORDERED that on or before July 31, 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 on or before August 7, 2024, the appellants 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; and it is further, ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted and the appeal will be calendared expeditiously after all briefs have been filed. BARROS, J.P., IANNACCI, FORD and VOUTSINAS, JJ., concur.
