Opinion
Motion No: 2011-10463 2011-10464 Docket No. V-6966-98/10G M137004
04-30-2012
In the Matter of Tania Hall, respondent, v. Barry Simmons, appellant.
, J.P.
ARIEL E. BELEN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Renewed motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Queens County, dated October 4, 2011, and October 5, 2011, respectively, as a poor person, and for the assignment of counsel.
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 it is further,
ORDERED that the appeals 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 children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; 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 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 appeals, including the attorney for the children, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:
Frederic P. Schneider, Esq.
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; and it is further,
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 decision and order on motion; and it is further,
ORDERED that within 30 days after the date of this decision and order on motion, the assigned counsel 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 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 decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeals should or should not be dismissed.
RIVERA, J.P., BELEN, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court