Appellate Division: Second Judicial Department

M288323

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

JOSEPH A. ZAYAS

DEBORAH A. DOWLING, JJ.

2020-08459, 2021-01037 The People, etc., appellant, v Frank Cook, respondent. (Action No. 1) The People, etc., appellant, v Leroy Dunn, respondent. (Action No. 2) The People, etc., appellant, v Anthony Frazier, respondent. (Action No. 3) The People, etc., appellant, v Chief Ponce Deleon, respondent. (Action No. 4) (Ind. No. 1937/2019)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel

Appeals from two orders of the Supreme Court, Kings County, dated September 30, 2020, and January 11, 2021, respectively. Motion by the respondent Anthony Frazier to extend the time to serve and file a brief. Motion by counsel assigned to represent the respondent Leroy Dunn by the Supreme Court, Kings County, in effect, to be relieved of the assignment to respond to the appeal and for the assignment of new counsel. Motion by counsel assigned to represent the respondent Chief Ponce Deleon by the Supreme Court, Kings County, in effect, to be relieved of the assignment to respond to the appeal and for the assignment of new counsel.

Upon the papers filed in support of the motions by the respondent Anthony Frazier and by counsel assigned to represent the respondent Chief Ponce Deleon and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by counsel assigned to represent the respondent Leroy Dunn and the papers filed in relation thereto, it is

ORDERED that the motion by the respondent Anthony Frazier to extend the time to serve and file a brief is granted, and on or before May 15, 2023, the respondent Anthony Frazier shall serve and file his 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 motion by counsel assigned to represent the respondent Leroy Dunn is granted, and Mottola Uris Law, PLLC, 201 Old Country Road, Ste. 120, Melville, NY 11747, is relieved of the assignment and 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 for respondent Leroy Dunn to respond to the appeals:

Mark Diamond

Box 388

Pound Ridge, NY 10576-9919

and it is further,

ORDERED that the motion by counsel assigned to represent the respondent Chief Ponce Deleon is granted, and the Law Offices of Robert C. Reuland, P.C., 26 Court St., Ste. 1406, Brooklyn, NY 11242, is relieved of the assignment and 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 for respondent Chief Ponce Deleon to respond to the appeals:

Craig S. Leeds

1345 Sixth Ave., 2nd Fl.

New York, NY 10105

and it is further,

ORDERED that on or before June 5, 2023, the respondents Leroy Dunn and Chief Ponce Deleon shall serve and file their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve their respective briefs and upload a digital copy of their briefs, with proof of service thereof, through the digital portal on this Court's website; 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 appeals are taken.

CONNOLLY, J.P., MILLER, ZAYAS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court