Supreme Court of the State of New York, Appellate Division : Second Judicial Department

April 20, 2026

2018-06183, 899/2016

Colleen D. Duffy, J.P.

Betsy Barros

Barry E. Warhit

Lisa S. Ottley, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered May 3, 2018. Motion by the appellant pro se, in effect, to relieve assigned counsel and for the assignment of new counsel to prosecute the appeal. Motion by the appellant to extend the time to serve and file a reply brief. The appellant's motion for waiver of costs, fees, and expenses and for the assignment of counsel was granted on January 31, 2019, 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 motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to relieve assigned counsel and for the assignment of new counsel 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 on the Court's own motion, the appellant's brief and the respondent's brief are stricken; 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 the motion to extend the time to serve and file a reply brief is denied as premature; 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.

DUFFY, J.P., BARROS, WARHIT and OTTLEY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

1653 83rd Street

Brooklyn, NY 11214