Appellate Division: Second Judicial Department

M308614

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

HELEN VOUTSINAS

PHILLIP HOM, JJ.

2024-08604, 2025-06025 The People, etc., appellant, v Marlon Quimbaya, respondent. (Ind. No. 70741/2020)

ORDER TO SHOW CAUSE

Appeals from an order of the Supreme Court, Kings County, dated August 6, 2024, and from an unsigned transcript of the same court dated August 7, 2024. Motion by counsel assigned to represent the respondent by the Supreme Court, King County, to be relieved of the assignment to respond to the appeals, for the assignment of new counsel, and 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 Craig Newman, 2141 Richmond Road Staten Island, N.Y. 103065, 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 to respond to the appeals:

Patricia Pazner

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

and it is further,

ORDERED that the time to serve and file a brief is extended, and on or before November 14, 2025, the respondent shall serve the respondent's brief and upload a digital copy of the respondent's 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 is directed to show cause before this Court why an order should not be made and entered dismissing the appeal from the unsigned transcript on the ground that no appeal lies from an unsigned transcript (see CPL 450.20; Ojeda v Metropolitan Playhouse, Inc., 102 AD2d 717), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before November 14, 2025, by ordinary mail; assigned counsel or the appellant may respond to this order to show cause, if so advised, by uploading a digital copy of an affirmation or an affidavit through the digital portal on this Court's website, with proof of service thereof, on or before November 14, 2025; 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 respondent at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

DUFFY, J.P., MILLER, VOUTSINAS and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court