By Mastro, J.P.; Chambers, Sgroi and Cohen, JJ.Onewest Bank, N.A., res, v. Donna Schifano, appellant def — 2018-01838, 2018-01839Onewest Bank, N.A., respondent, v. Donna Schifano, appellant defendants. — (Index No. 57144/15) Motion by the appellant to stay all proceedings in the above-entitled action and the sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, dated April 7, 2017, and January 3, 2018, respectively, and a judgment of the same court also January 3, 2018, and to enlarge the time to perfect the appeal from the order dated April 7, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated April 7, 2017, is granted, and the appellant’s time to perfect that appeal is enlarged until October 9, 2018; and it is further,ORDERED that the motion is otherwise denied.MASTRO, J.P., CHAMBERS, SGROI and COHEN, JJ., concur.
By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, res, v. Richard Carfora, ap — Motion by the appellant pro se for leave to prosecute an appeal from an order of the County Court, Suffolk County, dated March 9, 2018, 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 isORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on 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 parties are directed to file nine copies of their respective briefs and to serve one copy on each other; 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 hearing held in connection with the order dated March 9, 2018, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant’s counsel, without charge (see CPLR 1102[b]); 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 the branch of the motion which is to assign counsel is granted and pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute theappeal:Laurette D. MulryLegal Aid Society of Suffolk County – Appeal Bureau300 Center DrivePO Box 1697Riverhead, New York 11901-3398and 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 or considered by the trial court in connection with the appellant’s risk level determination, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) 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 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 the filing fee is waived (see CPLR 1102[d]); 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
