Motion List released on: March 29, 2024
IN THE MATTER OF PRINCE C. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet; RENEE C. (ANONYMOUS), res. (PROCEEDING NO. 1); IN THE MATTER OF KHADEFI, C. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet; RENEE C. (ANONYMOUS), res. (PROCEEDING NO. 2); IN THE MATER REBELLA C. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-app; RENEE C. (ANONYMOUS), res-res. (PROCEEDING NO. 3) — (N-14517-2023, N-14519-2023, N-14520-2203) — Appeal by Administration for Children’s Services from an order of the Family Court, Kings County, dated March 13, 2024. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or (3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or (4) an affidavit or an affirmation withdrawing the appeal; and it is further, ORDERED that if none of the actions described in (1), (2), (3) or (4) above has been taken within 30 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. By Barros, J.P., Chambers, Voutsinas, Ventura, JJ. WILMINGTON TRUST NATIONAL ASSOCIATION, ETC., res, v. SHERI STEINHARDT, ETC., app, ET AL., def; WILMINGTON TRUST NATIONAL ASSOCIATION, ETC., res, v. SHERI STEINHARDT, ETC., app, ET AL., def; WILMINGTON TRUST NATIONAL ASSOCIATION, ETC., res, v. SHERI STEINHARDT, ETC., app, ET AL., def; WILMINGTON TRUST NATIONAL ASSOCIATION, ETC., res, v. SHERI STEINHARDT, ETC., app, ET AL., def — Appeals from three orders of the Supreme Court, Queens County, dated March 3, 2020, February 23, 2021, June 14, 2021, and an order and judgment (one paper) of the same court dated November 14, 2023, respectively. Motion by the appellant, in effect, to consolidate the appeals and to deem the records and briefs filed in connection with the orders also to be filed in connection with the appeal from the order and judgment. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that the motion is granted to the extent that the appeal from the order dated June 14, 2021, is consolidated with the appeal from the order and judgment, on or before April 29, 2024, the appellant shall file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment via NYSCEF, on or before April 29, 2024, the parties shall file replacement digital copies of the record and the briefs filed in connection with the appeal from the order dated June 14, 2021, via NYSCEF, with corrected covers for the record and briefs which contain Appellate Division Docket No. 2023-12417 in addition to Appellate Division Docket No. 2021-05197, and the motion is otherwise denied. BARROS, J.P., CHAMBERS, VOUTSINAS and VENTURA, JJ., concur. By Connolly, J.P., Maltese, Dowling, Warhit, JJ. IN THE MATTER OF PETER CORITSIDIS, ETC., app, v. NEW YORK CITY DEPARTMENT OF EDUCATION, res — Appeal from a judgment of the Supreme Court, Queens County, dated February 14, 2024. Motion by the appellant, in effect, to enjoin the respondent from enforcing Public Health Law §2164 with respect to the appellant and the appellant’s non-party child and to compel the respondent to permit the non-party child to return to school, 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. CONNOLLY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur. By Connolly, J.P., Maltese, Dowling, Warhit, JJ. JANET BRUCE, res, v. SANFORD SOLNY, ET AL., app, ET AL., def — Appeal from an order of the Supreme Court, Kings County, dated April 8, 2021. Motion by the respondent, inter alia, to dismiss the appeal on the ground that it has been rendered academic or, in the alternative, in effect, to enlarge the record to include certain material and to extend the time to serve and file a brief. Cross-motion by the appellant for an award of attorney fees and costs. Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before April 29, 2024, the respondent shall serve and file the respondent’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website, and the motion is otherwise denied; and it is further, ORDERED that the cross-motion is denied. CONNOLLY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur. By Connolly, J.P., Maltese, Dowling, Warhit, JJ. JANET BRUCE, plf-res, v. SANFORD SOLNY, ET AL., res, ABRAHAM HOSCHANDER, ET AL., app; JANET BRUCE, plf-res-app, v. SANFORD SOLNY, ET AL., res, ABRAHAM HOSCHANDER, ET AL., def-app-res — Appeal from an order of the Supreme Court, Kings County, dated August 24, 2022, and appeal and cross-appeal from an order of the same court dated February 23, 2023, respectively. Motion by the appellants-respondents to extend the time to perfect the appeals and to consolidate the appeals and cross-appeal. Cross-motion by respondent-appellant, in effect, to withdraw the cross-appeal and to dismiss the appeal from the order dated February 23, 2023, on the ground that the appeal was untimely taken. Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is ORDERED that the cross-motion is granted, the cross-appeal is deemed withdrawn, and the appeal from the order dated February 23, 2023, is dismissed, without costs or disbursements; and it is further, ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated August 24, 2022, is granted, and on or before April 29, 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 the motion is otherwise denied as academic. CONNOLLY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur. By Dillon, J.P., Nelson, Ford, Ventura, JJ. COLLPOINT ENTERPRISES INC., res, v. ABDELHAKIM HOUMITA, app, ET AL., def — Appeal from an order of the Supreme Court, Queens County, dated July 20, 2021, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, and to waive the filing fee. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the branches of the motion which are to vacate the dismissal of the appeal and to extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before April 28, 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; and it is further, ORDERED that the motion is otherwise denied. DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur. By Connolly, J.P., Maltese, Dowling, Warhit, JJ. POOJA BABBAR KAPUR, app, v. LONG ISLAND JEWISH MEDICAL CENTER, ET AL., def, NICOLE SMIZER, ETC., ET AL., res — Appeal from an order of the Supreme Court, Nassau County, dated October 13, 2022. Motion by the respondents Nicole Smizer and Women for Women Obstetrics & Gynecology, LLC, inter alia, to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court entered November 30, 2022. Motion by the respondent Marni Jae Sanders, inter alia, to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court entered November 30, 2022. Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is ORDERED that the branches of the motions which are to dismiss the appeal are granted and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241), and the motions are otherwise denied as academic. CONNOLLY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur. By Dillon, J.P., Nelson, Ford, Ventura, JJ. IN THE MATTER OF YAQOOB A.-S. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; BUSHRA A. (ANONYMOUS), res-app — (N-1228-23) — Appeal from an order of the Family Court, Queens County, dated January 18, 2023. Motion by the attorney for the child 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 April 29, 2024, the attorney for the child shall serve and file a brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website; and it is further, ORDERED that on the Court’s own motion, the appellant’s time to serve and file a reply brief is extended, and on or before May 13, 2024, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court’s website. DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur. By Connolly, J.P., Maltese, Dowling, Warhit, JJ. WELLS FARGO BANK, NA, res, v. DENISE SAN MARTIN, ETC., app, ET AL., def — Appeals from two orders of the Supreme Court, Suffolk County, both dated January 9, 2023, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals and to extend the time to perfect the appeals. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the branches of the motion which are to vacate the dismissal of the appeals and to extend the time to perfect the appeals are granted, the dismissal of the appeals pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before April 29, 2024, the appellant shall and serve and file the record or appendix and the appellant’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant’s brief and upload digital copies of the record or appendix and the appellant’s brief, with proof of service thereof, through the digital portal on this Court’s website, and the motion is otherwise denied. CONNOLLY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IAN BRERETON, ETC., app, v. JONATHAN WELLS, ET AL., res — Appeal from a judgment of the Supreme Court, Kings County, dated January 30, 2023. 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 is granted, and on or before April 29, 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; and it is further, ORDERED that no further extension of time shall be granted. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Connolly, J.P., Maltese, Dowling, Warhit, JJ. IN THE MATTER OF JANA L. MURRAY, app, v. SCOTT M. PERRY, res — (V-2250-2018-2021) — Appeal by Jana L. Murray from an order of the Family Court, Orange County, dated February 27, 2023. By order to show cause dated July 14, 2023, 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 7, 2023, 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 7, 2023, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). CONNOLLY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. CHRISTIE DELFINO, app, v. MONTEFIORE NYACK HOSPITAL, res — Appeal from an order of the Supreme Court, Rockland County, dated February 10, 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 April 29, 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; and it is further, ORDERED that no further extension of time shall be granted. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. LAURENCE KING, app, v. YOSEF KOHN, ET AL., res, ET AL., def — Appeal from an order of the Supreme Court, Rockland County, dated March 13, 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 April 29, 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; and it is further, ORDERED that no further extension of time shall be granted. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. ZOE R. TZFANYA, ETC., ET AL., res, v. NEW YORK AND PRESBYTERIAN HOSPITAL, ET AL., app — Appeal from an order of the Supreme Court, Kings County, dated March 6, 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 April 29, 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 no further extension of time shall be granted. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. NIKKI KALANDRANIS, res, v. BUDD ENTERPRISES LTD., ET AL., app — Appeal from an order of the Supreme Court, Queens County, dated February 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 April 29, 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 no further extension of time shall be granted. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. IN THE MATTER OF AALIYAH W. (ANONYMOUS), nonparty-app. ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; SEAN W. (ANONYMOUS), res-res. (PROCEEDING NO. 1); IN THE MATTER OF ANNALYSE W. (ANONYMOUS). ADMINISTRATION FOR CHILDREN’S SERVICES, pet; SEAN W. (ANONYMOUS), res. (PROCEEDING NO. 2); IN THE MATTER OF OLIVIA W. (ANONYMOUS), nonparty-app. ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res; SEAN W. (ANONYMOUS), res-res. (Proceeding No. 3) — (N-535-2023, N-536-2023 & N-537-2023) — Appeals by Aaliyah W. and Olivia W. from two orders of the Family Court, Richmond County, both dated March 4, 2024. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellants of the transcripts of the minutes of the proceedings in the Family Court, and the appellants 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 appellants 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 appeals; 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 appeals; and it is further, ORDERED that if none of the actions described in (1), (2), (3) or (4) above has been taken within 30 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed. IN THE MATTER OF ELIAS A. S. (ANONYMOUS). ABBOTT HOUSE, pet-res; MELISSA M. S. (ANONYMOUS), res-app — (B-10355-2021) — Appeal by Melissa M. S. from an order of the Family Court, Kings County, dated March 7, 2024. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or (3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or (4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or (5) an affidavit or an affirmation withdrawing the appeal; and it is further, ORDERED that if none of the actions described in (1), (2), (3), (4) or (5) above has been taken within 30 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. IN THE MATTER OF ELI M. S. (ANONYMOUS). ABBOTT HOUSE, pet-res; MELISSA M. S. (ANONYMOUS), res-app — (B-12409-2020) — Appeal by Melissa M. S. from an order of the Family Court, Kings County, dated March 7, 2024. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or (3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or (4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or (5) an affidavit or an affirmation withdrawing the appeal; and it is further, ORDERED that if none of the actions described in (1), (2), (3), (4) or (5) above has been taken within 30 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. IN THE MATTER OF ELIZABETH MCCAFFREY, res, v. CONNOR BARTON, app — (F-425-2023) — Appeal by Connor Barton from an order of the Family Court, Putnam County, dated February 20, 2024. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or (3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or (4) an affidavit or an affirmation withdrawing the appeal; and it is further, ORDERED that if none of the actions described in (1), (2), (3) or (4) above has been taken within 30 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. IN THE MATTER OF YVONNE A. HALSALL, res, v. JAMES CHRISTOPHER HALSALL, app — (O-3585-2023) — Appeal by James Christopher Halsall from an order of the Family Court, Nassau County, dated February 20, 2024. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or (3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or (4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or (5) an affidavit or an affirmation withdrawing the appeal; and it is further, ORDERED that if none of the actions described in (1), (2), (3), (4) or (5) above has been taken within 30 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. IN THE MATTER OF JAMES CHRISTOPHER HALSALL, app, v. YVONNE A. HALSALL, res — (O-5016-2023, O-5016-2023/2023A, O-5016-2023/2023B) — Appeal by James Christopher Halsall from an order of the Family Court, Nassau County, dated February 21, 2024. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or (3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or (4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or (5) an affidavit or an affirmation withdrawing the appeal; and it is further, ORDERED that if none of the actions described in (1), (2), (3), (4) or (5) above has been taken within 30 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. IN THE MATTER OF S. S.-O. (ANONYMOUS), nonparty-app. ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, pet-res; JOHN O. (ANONYMOUS), ET AL., res-res — (N-2234-2022, N-2233-22, N-2236-2022, N-2235-2022) — Appeal by S. S.-O. (Anonymous) from an order of the Family Court, Orange County, dated February 16, 2024. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or (3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or (4) an affidavit or an affirmation withdrawing the appeal; and it is further, ORDERED that if none of the actions described in (1), (2), (3) or (4) above has been taken within 30 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF AKEEM MURPHY, app, v. ALIYAH ORTIZ, res. (PROCEEDING NO. 1); IN THE MATTER OF ALIYAH ORTIZ, res, v. AKEEM MURPHY, app. (PROCEEDING NO. 2) — (V-1875-2023, V-1876-2023) — Appeal by Akeem Murphy from an order of the Family Court, Richmond County, dated March 18, 2024. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Ian Berliner, dated March 25, 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: Jill M. Zuccardy 225 Broadway, Ste. 1515 New York, NY 10007 212-962-1192 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 April 19, 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 appellant, the respondent, and the attorney for the child, if any. The parties are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[e]; Family Ct Act §1116); and it is further, ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further, ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. IN THE MATTER OF IVO ZADRIMA, app, v. LINDA LULGJURAJ-ZADRIMA, res — (V-3515-2019/2023C) — Appeal by Ivo Zadrima from an order of the Family Court, Orange County, dated March 12, 2024. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or (3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or (4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or (5) an affidavit or an affirmation withdrawing the appeal; and it is further, ORDERED that if none of the actions described in (1), (2), (3), (4) or (5) above has been taken within 30 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. By Dillon, J.P., Nelson, Ford, Ventura, JJ. MARSHA HIGGINS, app-res, v. ROBERT E. MILES, ET AL., def-res, SONYA T. SILVERA, res-app — Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated August 19, 2021. The appeal by Marsha Higgins was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the defendants-respondents to extend the time to serve and file a brief. By order to show cause dated December 14, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross-appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court dated September 16, 2021, and the motion by the defendants-respondents to extend the time to serve and file a brief was held in abeyance in the interim. Separate motion by the defendants-respondents to dismiss the appeal by Sonya T. Silvera on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment. Motion by Sonya T. Silvera, inter alia, in effect, to deem the notice of appeal from the order to be a notice of appeal from the judgment. Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion by Sonya T. Silvera is granted to the extent that the cross-appeal by Sonya T. Silvera is deemed to be an appeal, the notice of appeal filed by Sonya T. Silvera from the order is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]), and on or before April 29, 2024, Sonya T. Silvera shall serve and file a supplemental record containing the judgment via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court’s website, and the motion by Sonya T. Silvera is otherwise denied; and it is further, ORDERED that the motion by the defendants-respondents to extend the time to serve and file a brief is granted, and on or before May 29, 2024, the defendants-respondents shall serve and file their brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website; and it is further, ORDERED that the motions are otherwise denied. DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. JEAN POWELL, ETC., res, v. COLLIE OUDKERK, ETC., def, AKEEM ATANDA, ETC., ET AL., app — Appeal from an order of the Supreme Court, Kings County, dated March 30, 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 April 29, 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 no further extension of time shall be granted. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Dillon, J.P., Nelson, Ford, Ventura, JJ. IN THE MATTER OF LATONYA JOHNSON, res, v. SHAWNETTE MELVILLE, app — (V-32533-2018, V-5741-2019) — Appeal by Shawnette Melville from an order of the Family Court, Kings County, dated April 5, 2023. Motion by Administration for Children’s Services for leave to intervene on the appeal and for leave to serve and file a respondent’s brief. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is denied. DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur. LINDA SALLUSTIO, app, v. SOUTHERN WESTCHESTER BOARD OF COOPERATIVE EDUCATIONAL SERVICES, ET AL., res — Appeal by Linda Sallustio from an order of the Supreme Court, Westchester County, dated January 5, 2024. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal in the above-entitled action shall be perfected within 90 days of the date of this scheduling order; and it is further, ORDERED that if the appellant does not perfect the appeal within 90 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed. By Dillon, J.P., Barros, Nelson, Ventura, JJ. DAVIS S. KIMBALL, ET AL., app, v. BAY RIDGE UNITED METHODIST CHURCH, res — Appeal from a judgment of the Supreme Court, Kings County, entered March 27, 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 April 29, 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. DILLON, J.P., BARROS, BRATHWAITE NELSON and VENTURA, JJ., concur. By Dillon, J.P., Nelson, Ford, Ventura, JJ. BUTTAFUOCO & ASSOCIATES, PLLC, ET AL., res, v. DELFINA URIAS, ETC., ET AL., app — Appeal from an order of the Supreme Court, Suffolk County, dated February 7, 2023. Motion by the appellants, in effect, to hold the appeal in abeyance or, in the alternative, 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 branch of the motion which is to extend the time to perfect the appeal is granted, and on or before April 29, 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 motion is otherwise denied. DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur. By Dillon, J.P., Nelson, Ford, Ventura, JJ. SHANNON DAYLE GOODWIN, res, v. KEVIN JAMES GOODWIN, app — Appeal from a decision of the Supreme Court, Kings County, dated July 14, 2023. By order to show cause dated February 14, 2024, the parties to the appeal were directed to show cause before this Court why the appeal in the above-entitled action should or should not be dismissed on the ground that no appeal lies from a decision. Application by the appellant to withdraw the appeal. Now, upon the order to show cause and the papers filed in response 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 application to withdraw the appeal is granted and the appeal is deemed withdrawn; and it is further, ORDERED that the motion to dismiss the appeal is denied as academic. DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF MADELINE FELICE, app, v. BASIL SEGGOS, ETC., ET AL., res — Appeal from an order of the Supreme Court, Kings County, dated April 26, 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 April 28, 2024, the respondents shall serve and file the respondents’ brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website; and it is futher, ORDERED that no further extension of time shall be granted. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Dillon, J.P., Nelson, Ford, Ventura, JJ. JAMES CAPOBIANCO, app, v. THOMAS JURGENSEN, res — Appeal from an order of the Supreme Court, Nassau County, dated May 1, 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 May 28, 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. DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. GUANG QI LIN YANG, ETC., res, v. XIAOPING LU, ET AL., app — Appeal from an order of the Supreme Court, Queens County, dated December 22, 2022. Motion by the respondent 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 April 28, 2024, the respondent shall serve and file the respondent’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court’s website; and it is further, ORDERED that no further extension of time shall be granted. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Dillon, J.P., Nelson, Ford, Ventura, JJ. THE PEOPLE, ETC., res, v. PATRICIA MORTEL, app — Appeals from three judgments of the County Court, Rockland County, all rendered December 20, 2016. Motion by the appellant’s assigned counsel, in effect, to be relieved on the ground that the appellant has abandoned the appeals by failing to respond to communications by assigned counsel. By order to show cause dated February 14, 2024, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeals on the ground that the appellant has abandoned the appeals, and assigned counsel’s motion was held in abeyance in the interim. Now, upon the order to show cause and no papers filed in response thereto, and upon the papers filed in support of assigned counsel’s motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion to dismiss the appeals is granted and the appeals are dismissed; and it is further, ORDERED that assigned counsel’s motion is granted. DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur. By Dillon, J.P., Nelson, Ford, Ventura, JJ. EDWARD SOUFER, plf, v. NOURI BAROUKHIAN, ETC., def third-party plf-app-res, ANGEL SABI, ETC., res; JOSEPH SOUFER, ETC., ET AL., third-party def-res-app, ET AL., third-party def-res — Appeal and cross-appeal from an order of the Supreme Court, Nassau County, dated September 13, 2022. Motion by the appellant-respondent 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 April 29, 2024, the appellant-respondent shall serve and file the joint record or appendix and the appellant-respondent’s brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent’s brief and upload digital copies of the joint record or appendix and the appellant-respondent’s brief, with proof of service thereof, through the digital portal on this Court’s website; and it is further, ORDERED that no further extension of time shall be granted. DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. JOSEPH PETTY, app — Appeal from a judgment of the Supreme Court, Queens County, rendered February 11, 2020. Motion by the respondent 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 April 28, 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. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Dillon, J.P., Nelson, Ford, Ventura, JJ. PEOPLE OF STATE OF NEW YORK, res, v. CORTEZ SIMMONS, app — Appeal from an order of the Supreme Court, Kings County, dated November 1, 2023. Motion by the appellant 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 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 Supreme 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 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 1250.9[a][4],[c][1],[d],[e]); 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 hearing held in connection with the order dated November 1, 2023, 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 the appeal: Twyla Carter The Legal Aid Society 199 Water Street — 5th Floor New York, NY 10038 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 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 to provide additional copies to this Court upon demand; 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 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. DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. LEO WILLIAMS, app — Appeal from a judgment of the Supreme Court, Queens County, rendered June 21, 2023. Motion by the respondent 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 April 28, 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. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Dillon, J.P., Nelson, Ford, Ventura, JJ. THE PEOPLE, ETC., res, v. DAWNTELL HENRY, app — Appeal from a judgment of the Supreme Court, Queens County, rendered February 5, 2021. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. The appellant’s motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on March 12, 2021, and the following named attorney was assigned as counsel to prosecute the appeal: Twyla Carter The Legal Aid Society 199 Water Street — 5th Floor New York, NY 10038 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 the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further, ORDERED that pursuant to 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 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 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 assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur. By Dillon, J.P., Nelson, Ford, Ventura, JJ. FREDA WAGNER, ET AL., plf-res, v. NASSAU COUNTY, def-app, INCORPORATED VILLAGE OF ROCKVILLE CENTRE, ET AL., def-res; COUNTY OF NASSAU, third-party plf-app; ANDREA WAGNER, ET AL., third-party def-res — Appeal from an order of the Supreme Court, Nassau County, dated March 20, 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 April 28, 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. DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur. By Dillon, J.P., Nelson, Ford, Ventura, JJ. IN THE MATTER OF RONALD SYLVESTRE, JR., app, v. AMANDA A. BURGESS, res — (F-15201-2018/2022D) — Appeal by Ronald Sylvestre, Jr. from an order of the Family Court, Kings County, dated November 2, 2023. By order to show cause dated January 26, 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 December 8, 2023, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Now, upon the order to show cause and the papers filed in response thereto, it is ORDERED that the motion to dismiss the appeal is denied; and it is further, ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this Court one of the following: (1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or (2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or (3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or (4) an affidavit or an affirmation withdrawing the appeal; and it is further, ORDERED that if none of the actions described in (1), (2), (3) or (4) above has been taken within 30 days of the date of this scheduling order, the appeal will be dismissed without further notice. DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur. By Dillon, J.P., Nelson, Ford, Ventura, JJ. IN THE MATTER OF HOFSTRA UNIVERSITY, res, v. NASSAU COUNTY PLANNING COMMISSION, ET AL., app — Appeal from an order of the Supreme Court, Nassau County, dated February 23, 2024. Motion by the appellants 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. DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur. By Dillon, J.P., Nelson, Ford, Ventura, JJ. IN THE MATTER OF SAMEER TAYEH, app, v. JILL FURGESON, res — (V-21585-2016/2023A, V-21586-2016/2023A, V-21587-2016/2023A) — Appeals by Sameer Tayeh from two orders of the Family Court, Kings County, both dated June 1, 2023. By order to show cause dated February 14, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with a scheduling order dated July 5, 2023, 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 appeals is granted, and the appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 5, 2023, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur. By Dillon, J.P., Nelson, Ford, Ventura, JJ. ALEN GLAVAN, app, v. MARIANA ZURAK-GLAVAN, res — Appeal from an order of the Supreme Court, Nassau County, dated December 15, 2023. 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. DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF HARLEY G. (ANONYMOUS). ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, pet-res; KARLA G. (ANONYMOUS), res-app — (B-5614-2022) — Appeal by Karla G. from an order of the Family Court, Orange County, dated November 13, 2023. By order on certification of this Court dated March 4, 2024, the following attorney was assigned as counsel for the appellant on the appeal, and was directed, inter alia, to contact the appellant and determine the appellant’s interest in perfecting the appeal: Richard L. Herzfeld 112 Madison Avenue, 8th Floor New York, NY 10016 212-818-9019 By letter dated March 25, 2024, assigned counsel notified the Court that the appellant has failed to respond to communications by assigned counsel and has abandoned the appeal. On the Court’s own motion, it is ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered relieving the assigned counsel for the appellant and dismissing the appeal in the above-entitled proceeding by each uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court’s website on or before April 29, 2024; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before April 29, 2024; and it is further, ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys, and upon the appellant, 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. AMALETA FORBES, res, v. TIMOTHY N. FORBES III, app — Appeal from a decision of the Supreme Court, Westchester County, dated January 23, 2024. On the Court’s own motion, it is ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Co., 100 AD2d 509), by each uploading a digital copy of an affirmation or affidavit, with proof of service thereof, through the digital portal on this Court’s website on or before April 29, 2024; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before April 29, 2024; and it is further, ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon the parties to the appeal 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 SHADIYAH CURRY, res, v. REGINALD CELESTIN, app; JACQUELINE CURRY, nonparty-res — (O-0738-2024) — Appeal from an order of the Family Court, Queens County, dated March 18, 2024. On the Court’s own motion, it is ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved (see CPLR 5511). LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. IN THE MATTER OF MANN STEVEN MULTANI, res, v. MONICA KING, app — (V-13463-2022) — Appeal from an order of the Family Court, Queens County, dated February 23, 2024. On the Court’s own motion, it is ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511). LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Barros, J.P., Iannacci, Wooten, Voutsinas, JJ. GREENPOINT MORTGAGE FUNDING, INC., res, v. PETE A. MCFARLANE, ETC., app, ET AL., def; GREENPOINT MORTGAGE FUNDING, INC., plf, v. PETE A. MCFARLANE, ETC., app, ET AL., def; BANK OF NEW YORK, ETC., nonparty-res — Appeal from an order and an order and judgment (one paper) of the Supreme Court, Suffolk County, both dated May 24, 2023. Motion by the appellant to stay enforcement of the order and judgment, 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. BARROS, J.P., IANNACCI, WOOTEN and VOUTSINAS, JJ., concur. By Barros, J.P., Iannacci, Wooten, Voutsinas, JJ. TWIST REALTY LLC, res, v. WILLOUGHBY EQUITIES LLC, app, ET AL., def; TWIST REALTY LLC, res, v. WILLOUGHBY EQUITIES LLC, app, ET AL., def — Appeals from two orders of the Supreme Court, Kings County, dated September 19, 2023, and November 9, 2023, respectively. Motion by the appellant to stay enforcement of the orders, pending hearing and determination of the appeals, and to consolidate the appeals. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the branch of the motion which is to stay enforcement of the orders is denied; and it is further ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]) BARROS, J.P., IANNACCI, WOOTEN and VOUTSINAS, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. MICHAEL DUNCAN, app — Appeal by Michael Duncan from a judgment of the Supreme Court, Kings County, rendered January 25, 2024, following a trial. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. Application by McCarthy Aralt Hawkins on behalf of the defendant for leave to prosecute the appeal as a poor person and for the assignment of counsel pursuant to Criminal Procedure Law §380.55(2). Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 application pursuant to Criminal Procedure Law §380.55(2) is granted; and it is further, ORDERED that the motion is denied as unnecessary in light of the application pursuant to Criminal Procedure Law §380.55(2); 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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court’s website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further, ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further, ORDERED that the appellant’s time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 1250.9) and written directions; and it is further, ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Barros, J.P., Iannacci, Wooten, Voutsinas, JJ. M&T BANK, res, v. KIRK RONNERMANN, app, ET AL., def — Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated November 16, 2022. Motion by the appellant to stay enforcement of the order and judgment, 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 enforcement of the order and judgment is stayed, pending hearing and determination of the appeal. BARROS, J.P., IANNACCI, WOOTEN and VOUTSINAS, JJ., concur. By Barros, J.P., Iannacci, Wooten, Voutsinas, JJ. IN THE MATTER OF BRANDON D. (ANONYMOUS). GENEVA D. (ANONYMOUS), pet-res; ROBERT L. D. (ANONYMOUS), res-app — Appeal from an order of the Supreme Court, Queens County, dated October 18, 2023. Motion by the appellant, inter alia, to stay to stay all proceedings in the above-entitled proceeding, pending hearing and determination of the appeal. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion is denied. BARROS, J.P., IANNACCI, WOOTEN and VOUTSINAS, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. FLOYD MCNEIL, app — Appeal by Floyd McNeil from a judgment of the County Court, Nassau County, rendered January 31, 2024, following a trial. By order dated January 31, 2024, the Supreme Court, Nassau County, granted an application pursuant to Criminal Procedure Law §380.55(1) for poor person relief. Now, upon the order dated January 31, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Peter A. Sell 350 North Bedford Road, #1023 Mt. Kisco, NY 10549 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. DIANE REILLY, app-res, v. DANIEL GRIECO, res-app — Appeal and cross-appeal from an order of the Supreme Court, Westchester County, dated September 26, 2023. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeal in the above-entitled action shall be perfected within 90 days of the date of this scheduling order; and it is further, ORDERED that if the appellant-respondent does not perfect the appeal within 90 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal and cross-appeal to show cause why the appeal should or should not be dismissed. By Barros, J.P., Iannacci, Wooten, Voutsinas, JJ. PHILIP VOLLARO, ET AL., res, v. BRETT JACOB, ET AL., app — Appeal from an order of the Supreme Court, Suffolk County, dated January 23, 2023. Motion by the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. BARROS, J.P., IANNACCI, WOOTEN and VOUTSINAS, JJ., concur. By Barros, J.P., Iannacci, Wooten, Voutsinas, JJ. KENNETH P. SILVERMAN, ETC., ET AL., plf-res, v. KEITH R. VAIL, app, TAMMY J. WARREN, ET AL., def-res — Appeal from an order of the Supreme Court, Suffolk County, dated January 16, 2024. Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of the appeal. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. BARROS, J.P., IANNACCI, WOOTEN and VOUTSINAS, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. WILMINGTON TRUST COMPANY, ETC., app, v. JAMES H. FISCHER, res, ET AL., def; WILMINGTON TRUST COMPANY, ETC., res, v. JAMES H. FISCHER, app, ET AL., def; WILMINGTON TRUST COMPANY, ETC., res, v. JAMES H. FISCHER, app, ET AL., def — Appeals from four orders of the Supreme Court, Suffolk County, dated August 3, 2020, May 12, 2022, (two orders) and May 2, 2023, respectively. On the Court’s own motion, it is ORDERED that the parties to the appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the right of direct appeal from the orders dated August 3, 2020, May 12, 2022, and May 2, 2023, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Suffolk County, dated March 5, 2024 (see Matter of Aho, 39 NY2d 241), by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before April 29, 2024; if the appellants be so advised, the appellants may make a motion, via NYSCEF, on or before April 29, 2024, for any relief deemed appropriate; and it is further, ORDERED that the Clerk of the Court, or his designee, shall serve a copy of this order to show cause upon the parties to the appeals by uploading a copy of this order to show cause to the NYSCEF system. LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur. By Lasalle, P.J., Dillon, Duffy, Barros, Connolly, JJ. THE PEOPLE, ETC., res, v. LYNN P. DZIEDZIC, app — Appeal by Lynn P. Dziedzic from a judgment of the County Court, Dutchess County, rendered February 27, 2023, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Jennifer Burton, dated February 16, 2023, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Margaret M. Walker Dutchess County Public Defender 45 Market Street Poughkeepsie, NY 12601 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. RALPH A. MANN, app — Appeal by Ralph A. Mann from a judgment of the County Court, Orange County, rendered January 4, 2024, upon a plea of guilty. Pursuant to Criminal Procedure Law §380.55(2) and upon the affirmation of Michael E. Davis, dated February 2, 2024, it is ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal: Paul N. Weber P.O. Box 330 Cornwall, NY 12518 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 Nelson, J.P., Maltese, Ford, Landicino, JJ. IN THE MATTER OF MATTONE GROUP SPRINGNEX, LLC, res, v. CFM DEVELOPMENT, LLC, app — (719775/2020) — Appeal from an order of the Supreme Court, Queens County, entered June 29, 2021. Motion by the appellant to withdraw 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. BRATHWAITE NELSON, J.P., MALTESE, FORD and LANDICINO, JJ., concur.
