People v Novotny, Kyle S.
Motion No: 2022-01304
Slip Opinion No: 2025 NY Slip Op 70387(U)
Decided on June 6, 2025
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M305623

ID/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

LINDA CHRISTOPHER

LILLIAN WAN, JJ.

2022-01304

The People, etc., respondent,

v Kyle S. Novotny, appellant.

(Ind. No. 70029/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Putnam County, rendered January 26, 2022. By decision and order on motion of this Court dated October 23, 2024, the appellant's motion for waiver of costs, fees, and expenses and for the assignment of counsel was granted. On March 5, 2025, the following named attorney was assigned as counsel to prosecute the appeal:

Arza R. Feldman

1129 Northern Blvd., Ste. 404

Manhasset, NY 11030

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:

Gary E. Eisenberg

10 Esquire Road, Suite 10

New City, NY 10956

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.

DUFFY, J.P., MILLER, CHRISTOPHER and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's address:

22-B-0276

Riverview Corr. Fac.

P.O. Box 158

Ogdensburg, NY 13669-0158