Opinion
Motion No. 2022-07685 Docket No. D-4284-2022
10-03-2022
In the Matter of Yacere D. (Anonymous), appellant.
Unpublished Opinion
MOTION DECISION
M285226
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
ORDER ON CERTIFICATION
Assignment of Counsel
Appeal by Yacere D. from an order of the Family Court, Suffolk County, dated September 6, 2022. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Steven M. Burton, dated September 18, 2022, it is
ORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:
Jordan Freundlich
3000 Marcus Avenue, Suite 1E9
Lake Success, NY 11042
516-437-4385
and it is further,
ORDERED that Steven M. Burton is directed to turn over all papers in the proceeding to the new attorney for the appellant herein assigned; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the attorney for the appellant and the respondent, 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 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 Supreme Court, and the clerk of the Supreme 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 Supreme 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 appeal, when counsel serves the appellant's brief upon those parties; and it is further, ORDERED that the attorney for the appellant shall serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further, ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 scheduling order; and it is further, ORDERED that within 30 days after the date of this scheduling order, the appellant 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 appeal; or
(2) if there are such minutes, an affidavit or affirmation stating 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 appeal; 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 scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.