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Second, Eleventhand ThirteenthJudicIal Districts

By: Pesce, P.J., Aliotta, Elliot, JJ.2017-2043 Q CR. PEOPLE v. JOHNSON, ODELL TERRICK — Motion by appellant to vacate an order of this court dated January 22, 2018, which dismissed an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered September 18, 2017, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.Upon the papers filed in support of the motion and the papers filed in response thereto, it isORDERED that the branch of the motion seeking to vacate the order of this court dated January 22, 2018 is granted and the order dated January 22, 2018 is vacated; and it is further,ORDERED that the branches of the motion seeking leave to prosecute the appeal as a poor person and the assignment of counsel are granted and the Legal Aid Society is assigned as counsel; and it is further,ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected expeditiously; and it is further,ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, prepared in connection with appellant’s sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.July 12, 2018

2018-464 K C. MADISON PRODS. OF USA, INC. v. AMERICAN TR. INS. CO — Motion by respondent to dismiss as academic an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 19, 2017, as by subsequent order of that court entered May 14, 2018 respondent’s motion for summary judgment dismissing the complaint was granted.Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it isORDERED that the motion is granted and the appeal is dismissed as academic (see Livny v. Rotella, 305 AD2d 377 [2003]).July 12, 2018

 
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