Opinion
Motion Nos. 2023-09219 2023-09221 Docket Nos. V-19400-2016/2021N V-19400-2016/2021O V-19400-2016/2021L V-19400-2016/2021M
10-25-2023
In the Matter of Wesley L. Harris Sr., appellant, v. Royisha Bryant, respondent. (Proceeding No. 1) In the Matter of Royisha Bryant, respondent, v. Wesley L. Harris Sr., appellant. (Proceeding No. 2)
Unpublished Opinion
MOTION DECISION
M291832 JV/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
ORDER ON CERTIFICATION
Appeals by Wesley L. Harris Sr. from two orders of the Family Court, Suffolk County, dated September 27, 2023, and September 26, 2023, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Alexander C. Martinez, dated October 17, 2023, it is
ORDERED that the appellant is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals:
Del Atwell
39 5th Street
East Hampton, NY 11937
631-800-1566
and it is further,
ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before November 15, 2023, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either
(1) the appellant is interested in prosecuting the appeals, or
(2) the appellant is not interested in prosecuting the appeals, or that he has been unable to contact the appellant, and wishes to be relieved of the assignment;
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 parties, who are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Acting Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[e]; 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 assigned 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 child, if any, when counsel serves the appellant's brief upon those parties; and it is further, ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further, ORDERED that upon a determination that the appellant is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.