Motion List released on: September 9, 2024
By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF RYDER S. R. (ANONYMOUS). CHILDREN’S AID, pet-res; SHAQUANA R. (ANONYMOUS), res-app — (B-6478-2021) — Appeal by Shaquana R. from an order of the Family Court, Queens County, dated April 3, 2023. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Maricel Gonzalez, dated August 9, 2024, it is ORDERED that pursuant to Family Court Act §1120, the following named attorney is assigned as the attorney for the child on the appeal: Todd D. Kadish 10 Bond Street, Suite 1-#352 Great Neck, NY 11021 917-968-1811 and it is further, ORDERED that Maricel Gonzalez is directed to turn over all papers in the proceeding to the new attorney for the child herein assigned. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. DELANO DINHAM, app — Appeal by Delano Dinham from a judgment of the Supreme Court, Kings County, rendered July 22, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra M. Shookhoff, dated July 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. ACKERSON BUILDERS, LLC, app, v. JAMES R. CORBETT, JR., AS EXECUTOR OF THE ESTATE OF VOL S. DAVIS, III, AND INDIVIDUALLY, res — Appeal from an order of the Supreme Court, Suffolk County, dated August 2, 2021. Application by James R. Corbett, Jr., as executor of the estate of Vol S. Davis, III, to be substituted for the deceased respondent Vol S. Davis, III, and to amend the caption accordingly. Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is ORDERED that the application is granted, James R. Corbett, Jr., as executor of the estate of Vol S. Davis, III, is substituted for the deceased respondent Vol S. Davis, III, and the caption is amended accordingly. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. ROBERT WHITE, app — Appeal by Robert White from a judgment of the Supreme Court, Kings County, rendered July 26, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra Ferlise, dated July 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. THE PEOPLE, ETC., res, v. KENNETH HOLMES, app — Appeal by Kenneth Holmes from a judgment of the Supreme Court, Kings County, rendered July 24, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra M. Shookhoff, dated July 30, 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. CHANCE S. (ANONYMOUS), app — Appeal by Chance S. from a judgment of the Supreme Court, Kings County, rendered July 24, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra M. Shookhoff, dated July 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. THE PEOPLE, ETC., res, v. TAJARI RAVENELL, app — Appeal by Tajari Ravenell from a judgment of the Supreme Court, Kings County, rendered July 3, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra M. Shookhoff, dated July 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. THE PEOPLE, ETC., res, v. JOSEPH VALLEJO, app — Appeal by Joseph Vallejo from a judgment of the Supreme Court, Kings County, rendered July 8, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra M. Shookhoff, dated July 31, 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. EDGAR GUAYLLAS, app — Appeal by Edgar Guayllas from a judgment of the Supreme Court, Kings County, rendered June 28, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra Ferlise, dated July 9, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street — 9th Floor New York, New York 10038 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. IN THE MATTER OF KRISTY LEE KOBEL, app, v. KELLY FITZGERALD VARLAND, res — (V-10839-2022/2023B) — Appeal by Kristy Lee Kobel from an order of the Family Court, Suffolk County, dated May 29, 2024. By order on certification of this Court dated July 1, 2024, the following attorney was assigned as counsel for the appellant on the appeal: Beth Rosenthal 375 Commack Road, #200 Deer Park, NY 11729 631-595-7103 By letter dated September 5, 2024, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of any Family Court proceedings to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or (3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated July 1, 2024, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or (4) an affidavit or an affirmation withdrawing the appeal; and it is further, ORDERED that if none of the above actions described in (1), (2), (3) or (4) above, has been taken within 30 days of the date of this scheduling order, the 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 ANNABELLE W. (ANONYMOUS). LITTLE FLOWER CHILDREN & FAMILY SERVICES, pet-res; SHANITA L. B. (ANONYMOUS), res-app — (B-9266-2021) — Appeals by Shanita L. B. from two orders of the Family Court, Queens County, dated January 22, 2024, and August 5, 2024, respectively. By order on certification of this Court dated August 19, 2024, the following attorney was assigned as counsel for the appellant on the appeals: David Laniado 411 Westminister Road, #2 Cedarhurst, NY 11516 516-599-8999 By letter dated September 3, 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 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 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 August 19, 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 Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. ROLA ALHADDAD, app, v. AAMIR SULTAN, res — Appeal by Rola Alhaddad from an order of the Supreme Court, Suffolk County, dated June 11, 2024. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Laura C. Golightly, dated September 3, 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: Arza R. Feldman 1129 Northern Boulevard, Suite 404 Manhasset, NY 11030 516-441-0452 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 September 30, 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 Supreme Court, and the clerk of the Supreme 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 Supreme 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. ISAIAH R. (ANONYMOUS), app — Appeal by Isaiah R. from a judgment of the Supreme Court, Richmond County, rendered June 24, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra Shookhoff, dated July 24, 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. KENNETH GARCIA, app — Appeal by Kenneth Garcia from a judgment of the Supreme Court, Queens County, rendered July 17, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Diana Nevins, dated July 19, 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. RON DASILVA, app — Appeal by Ron Dasilva from a judgment of the Supreme Court, Queens County, rendered July 22, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Elisha Rudolph, dated August 1, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street — 9th Floor New York, New York 10038 and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. STEVEN GIVENS, app — Appeal by Steven Givens from a judgment of the Supreme Court, Queens County, rendered July 11, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Alexandra Shookhoff, dated August 6, 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 Miller, J.P., Wooten, Dowling, Taylor, JJ. THE PEOPLE, ETC., res, v. RAKING BROWN, app — Appeal from a judgment of the Supreme Court, Queens County, rendered August 4, 2022. Motion by the appellant for leave to prosecute the appeal as a poor person. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth the appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and the amount and source of counsel fees paid to retained counsel in the Supreme Court. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. MACHINE TOOL REPAIR & SALES, INC., plf-res, v. TOKIO MARINE AMERICA INSURANCE COMPANY, app, PRIDE MACHINERY SALES, INC., def-res — Appeal from an order of the Supreme Court, Suffolk County, dated December 15, 2022. Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted, and the trial in the above-entitled action is stayed, pending hearing and determination of the appeal. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. L.S., res, v. ROOSEVELT UNION FREE SCHOOL DISTRICT, app — Appeal from an order of the Supreme Court, Nassau County, dated June 13, 2024. Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is denied. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. AUDREY G. PIEROT, ET AL., app, v. MICHAEL MAROM, ET AL., res — Appeal from a judgment of the Supreme Court, Westchester County, dated January 30, 2024. Motion by the appellant pursuant to 22 NYCRR 1250.7(g) to waive certification of the record or appendix. Application by the appellant to extend the time to perfect the appeal. Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g) is granted; and it is further, ORDERED that the application to extend the time to perfect the appeal is granted, and on or before November 8, 2024, the appellants shall serve and file the record or appendix and the appellants’ brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants’ brief and upload digital copies of the record or appendix and the appellants’ brief, with proof of service thereof, through the digital portal on this Court’s website. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. SARA STEINMETZ, plf-res, v. JDARM LLC, def third-party plf-res, DJ GOURMET CORP., def-res; DYNAMITE YOUTH CENTER FOUNDATION, INC., third-party def-app — Appeal from an order of the Supreme Court, Kings County, dated May 24, 2023. Motion by the appellant to extend the time to perfect the appeal. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and on or before October 9, 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. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. GEORGE BANKS, res, v. CITY OF NEW YORK, def, 29 BUFFALO AVENUE, LLC, app — Appeal from an order of the Supreme Court, Kings County, dated May 20, 2020. Motion by the appellant to enlarge the record to include certain material. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is denied; and it is further, ORDERED that on the Court’s own motion, the time for the respondent to serve and file a brief is extended, and, on or before October 9, 2024, the respondent shall serve and file the respondent’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. FRANK DISPENSA, ET AL., res, v. MEDICAL DIAGNOSTIC IMAGING, PLLC, ET AL., app — Appeal from a judgment of the Supreme Court, Dutchess County, dated June 15, 2023. Motion by the appellants to extend the time to perfect the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted, and on or before November 8, 2024, the appellants shall serve and file the record or appendix and the appellants’ brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants’ brief and upload digital copies of the record or appendix and the appellants’ brief, with proof of service thereof, through the digital portal on this Court’s website. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. IN THE MATTER OF SONA BADALYAN, res, v. TIRAN ANTAPLIAN, app — (V-25527-2018, V-873-2019, V-872-2019, V-25528-2018) — Appeal from an order of the Family Court, Queens County, dated July 6, 2023. Motion by the appellant to extend the time to perfect the appeal. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and the appellant’s time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant’s brief, and uploading a digital copy of the appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website, is extended until October 9, 2024. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. CRESCENT STREET ASSOCIATES, LLC, res, v. CRESCENT HOLDING GROUP, LLC, ET AL., app; CRESCENT STREET ASSOCIATES, LLC, res, v. CRESCENT HOLDING GROUP, LLC, ET AL., app; CRESCENT STREET ASSOCIATES, LLC, res, v. CRESCENT HOLDING GROUP, LLC, ET AL., app — Appeals from three orders of the Supreme Court, Queens County, dated January 26, 2022, June 30, 2023, and March 29, 2024, respectively. Motion by the appellants to consolidate the appeals and, in effect, to extend the time to perfect the appeals. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated June 30, 2023, and March 29, 2024, is denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further, ORDERED that the branch of the motion which is to consolidate the appeal from the order dated January 26, 2022, with the appeals from the orders dated June 30, 2023, and March 29, 2024, is denied; and it is further, ORDERED that on the Court’s own motion, the appeal from the order dated January 26, 2022, will be calendared together with the appeals from the orders dated June 30, 2023, and March 29, 2024, and the appeals will be argued or submitted on the same date; and it is further, ORDERED that the branch of the motion which is, in effect, to extend the time to perfect the appeals from the orders dated June 30, 2023, and March 29, 2024, is granted and on or before October 9, 2024, the appellants shall serve and file the record or appendix and the appellants’ brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants’ brief and upload digital copies of the record or appendix and the appellants’ brief, with proof of service thereof, through the digital portal on this Court’s website; and it is further, ORDERED that the branch of the motion which is, in effect, to extend the time to perfect the appeal from the order dated January 26, 2022, is denied as unnecessary as that appeal has been perfected. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. MARIA MENDEZ, res, v. THOMAS JOSEPH, ET AL., app — Appeal from an order of the Supreme Court, Queens County, dated May 8, 2023. Motion by the appellants to extend the time to serve and file a reply brief. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and on or before September 30, 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. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. SONIA ESMERALDA WOJCICKI, res, v. MACIEJ WOJCICKI, app — Appeal from an order of the Supreme Court, Queens County, dated April 22, 2024. Motion by the appellant to stay 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 motion is denied. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. VALERIE OBERMAN, app, v. CDX DIAGNOSTICS, INC., ET AL., res — Appeal from an order of the Supreme Court, Suffolk County, dated June 12, 2023. Motion by the respondents to dismiss the appeal on the ground that the appeal was untimely taken. Application by the appellant to extend the time to perfect the appeal. 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 application and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further, ORDERED that the application is denied as academic. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. JOSE GUEVARA MARTINEZ, res, v. SHORE OAKS, LLC, def, MCNULTY DEVELOPMENT CORP., app — Appeal from an order of the Supreme Court, Nassau County, dated September 19, 2023. Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted, and the trial in the above-entitled action is stayed, pending hearing and determination of the appeal. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. JOANNE M. GERMOLAI, res, v. MICHAEL CHICHESTER, app — Appeal from an amended order of the Supreme Court, Suffolk County, dated April 3, 2024. Motion by the appellant, inter alia, to stay enforcement of stated portions 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 motion is denied. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. IN THE MATTER OF KEVIN O’NEIL, app, v. ALICE FABIO O’NEIL, res. (PROCEEDING NO. 1); IN THE MATTER OF ALICE FABIO O’NEIL, res, v. KEVIN O’NEIL, app. (PROCEEDING NO. 2) — (O-3229-2020, V-4062-2020/2020A, V-5681-2020, V-4062-2020/2021B, V-5681-2020/2021A, F-3779-2020/2020A, F-3779-2020/2020B) — Appeal by Kevin O’Neil from an order of the Family Court, Nassau County, dated February 28, 2024. By order to show cause dated June 28, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with a scheduling order dated April 26, 2024, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Now, upon the order to show cause and 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, without costs or disbursements, for failure to comply with the scheduling order dated April 26, 2024, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. LASALLE BANK NATIONAL ASSOCIATION, ETC., res, v. JERMELL WILSON, app, ET AL., def — Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated February 16, 2023. Motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal, and for leave to proceed on the original papers. Separate motion by the appellant to extend the time to perfect the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal, and for leave to proceed on the original papers is denied; and it is further, ORDERED that the motion to extend the time to perfect the appeal is granted, and on or before October 9, 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. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. IN THE MATTER OF MICHAEL HUGO, app, v. MARY BENAVIDES, res — (F-6073-2022/2023C) — Appeal by Michael Hugo from an order of the Family Court, Suffolk County, dated March 19, 2024. By order to show cause dated July 1, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 10, 2024, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Now, upon the order to show cause and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion to dismiss the appeal is denied; and it is further, ORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant’s brief, and uploading a digital copy of the appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website, is extended until October 9, 2024. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. IN THE MATTER OF MELISSA STRAIGHT, app, v. MAUREEN DYER, res — (O-6807-2023) — Appeal by Melissa Straight from an order of the Family Court, Queens County, dated May 8, 2023. By order to show cause dated July 10, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 17, 2024, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Now, upon the order to show cause and the papers filed in relation thereto, it is ORDERED that the motion to dismiss the appeal is denied; and it is further, ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or (3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or (4) an affidavit or an affirmation withdrawing the appeal; and it is further, ORDERED that if none of the actions described in (1), (2), (3) or (4) above has been taken within 30 days of the date of this scheduling order, the appeal will be dismissed without further notice. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. MARY DOWD, app, v. HENRY TISCHLER, ETC., ET AL., res, ET AL., def — Appeal from an order of the Supreme Court, Kings County, dated February 8, 2023. Motion by the respondents to extend the time to serve and file a brief. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and on or before November 8, 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. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. IN THE MATTER OF MELISSA DUKOFSKY, res, v. MIA DUKOFSKY, app — (F-1102-2021/2022E) — Appeals from two orders of the Family Court, Nassau County, both dated April 27, 2023. Motion by the appellant to extend the time to perfect the appeals. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, the appellant’s time to perfect the appeals by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), serving the appellant’s brief and uploading a digital copy of the appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website, is extended until October 9, 2024. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. W.R.M., ETC., ET AL., app, v. HEBREW KINDERGARTEN & INFANTS HOME, INC., res — Appeal from an order of the Supreme Court, Queens County, dated August 28, 2023. Motion by the appellants to extend the time to perfect the appeal. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and on or before October 9, 2024, the appellants shall serve and file the record or appendix and the appellants’ brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants’ brief and upload digital copies of the record or appendix and the appellants’ brief, with proof of service thereof, through the digital portal on this Court’s website. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. DAVIDOFF HUTCHER & CITRON LLP, res, v. MICHAEL CRACCO, ET AL., app — Appeal from an order of the Supreme Court, Nassau County, dated August 15, 2023. Motion by the appellants to extend the time to perfect the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied and the appeal is deemed dismissed pursuant to 22 NYCRR 1250.10(a). MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. ANDREW GEORGIOU, app-res, v. SACRED PATRIARCHAL AND STRAVROPEGIAL ORTHODOX MONASTERY OF ST. IRENE CHRYSOVALANTOU, res-app, ET AL., def — Appeal and cross-appeal from an order of the Supreme Court, Queens County, dated April 12, 2023. Motion by the respondent-appellant to extend the time to serve and file an answering brief. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted, and on or before October 9, 2024, the respondent-appellant shall serve and file its answering brief, including the points of argument on the cross-appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the answering brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court’s website. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Connolly, J.P., Genovesi, Wan, Taylor, JJ. THE PEOPLE, ETC., res, v. CHRISTOPHER WHITE, app — Motion by Christopher White pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered April 3, 2024, upon a plea of guilty, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is granted; and it is further, ORDERED that the moving papers are deemed to constitute a timely notice of appeal; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Patricia Pazner Appellate Advocates 111 John Street — 9th Floor New York, New York 10038 and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. CONNOLLY, J.P., GENOVESI, WAN and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. ASRA PIRZADA, res, v. FOZAN PIRZADA, app; ASRA PIRZADA, res, v. FOZAN PIRZADA, app — Appeals from two orders of the Supreme Court, Nassau County, dated August 17, 2022, and December 13, 2023, respectively. Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of the appeal from the order dated August 17, 2022. Separate motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of the appeal from the order dated December 13, 2023. Motion by the respondent to extend the time to serve and file a brief on the appeal from the order dated August 17, 2022. Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is ORDERED that the motions by the appellant to stay the trial in the above-entitled action are denied; and it is further, ORDERED that the motion to extend the time to serve and file a brief on the appeal from the order dated August 17, 2022, is granted, and on or before October 9, 2024, the respondent shall serve and file the respondent’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. HP MARKET LLC, app, v. HATOV VHMATIV REALESTATE CORP., res — Appeals from two orders of the Supreme Court, Queens County, dated November 23, 2022, and May 10, 2023, respectively. Motion by the appellant to stay all proceedings in an action entitled Hatov Vhmativ Realestat Corp. v. HP Market LLC pending in the Civil Court of the City of New York, Queens County, under index number LT-308900/23QU, pending hearing and determination of the appeals. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. LOUIS G. MORIN, III, ETC., res, v. LOUIS G. MORIN, JR., ETC., app; LOUIS G. MORIN, III, ETC., res-app, v. LOUIS G. MORIN, JR., ETC., app-res — Appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated July 14, 2022, and appeal and cross-appeal from an order of the same court dated November 14, 2022. Motion by Paul B. Bergins for leave to withdraw as counsel for the appellant Louis G. Morin, Jr. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is granted and on or before September 23, 2024, Paul B. Bergins, shall serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court, via NYSCEF, if applicable, or, if NYSCEF is not mandated, via email at [email protected]; and it is further, ORDERED that no further proceedings shall be taken against the appellant Louis G. Morin, Jr., without leave of this Court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. IN THE MATTER OF DERRAN BROWN, app, v. GERNETTE COWELL, res — (V-632-2018, V-633-2018, V-634-2018, V-635-2018, V-636-2018, V-771-2018, V-772-2018, V-769-2018, V-770-2018, V-773-2018) — Appeal by Derran Brown from an order of the Supreme Court, Kings County (IDV Part), dated January 27, 2021. By order to show cause dated July 5, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with a scheduling order dated April 24, 2024, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Now, upon the order to show cause and no papers having been filed in response thereto, it is ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated April 24, 2024, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. IN THE MATTER OF DERRAN BROWN, app, v. GERNETTE COWELL, res — (O-630-2018) — Appeal by Derran Brown from an order of the Supreme Court, Kings County (IDV Part), dated October 29, 2020. By order to show cause dated July 5, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with a scheduling order dated April 24, 2024, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Now, upon the order to show cause and no papers having been filed in response thereto, it is ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated April 24, 2024, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Miller, J.P., Wooten, Dowling, Taylor, JJ. DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., res, v. MILANDRO L. GENCIANA, ETC., app, ET AL., def — Appeal from a judgment of the Supreme Court, Queens County, dated January 26, 2023. Motion by Petroff Amshen LLP for leave to withdraw as counsel for the appellant. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted and on or before September 23, 2024, Petroff Amshen LLP, shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court, via NYSCEF, if applicable, or, if NYSCEF is not mandated, via email at AD2- [email protected]; and it is further, ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon her of a copy of this decision and order on motion; and it is further, ORDERED that, on the Court’s own motion, the time to perfect the appeal is extended, and on or before November 22, 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. MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF ROSHAD WHITE, app, v. JERRY WATSON, ET AL., res — (V-18630-2023) — Appeal by Roshad White from an order of the Family Court, Kings County, dated March 28, 2024. By scheduling order dated July 17, 2024, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the scheduling order: (1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or (3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or (4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or (5) an affidavit or an affirmation withdrawing the appeal. The appellant has failed to comply with the scheduling order. Pursuant to §670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), it is ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 17, 2024, by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court’s website, on or before October 9, 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 October 9, 2024; and it is further, ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties via email to the email address provided to this court, or if no email address is available for service by regular mail. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF DANI A. (ANONYMOUS), app — (D-4183-2023) — Appeal from an order of the Family Court, Nassau County, dated July 11, 2023. The transcript of proceedings which occurred on the morning of June 13, 2023, have been filed in the office of the Clerk of this Court. By scheduling order dated July 26, 2024, the appellant was directed to file in the office of the Clerk of this Court an affidavit or affirmation stating that there are no additional minutes of the Family Court proceedings to be transcribed for the appeal, or, 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, 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. The appellant has failed to comply with the scheduling order. Pursuant to §670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), it is ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 26, 2024, by uploading a digital copy of an affirmation or affidavit on that issue, with proof of service thereof, through the digital portal on this Court’s website, on or before October 9, 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 October 9, 2024; and it is further, ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties via email to the email address provided to this court, or if no email address is available for service by regular mail. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
