Opinion
Motion No: 2011-11447 2011-11448 Index No. 56791/10 M130698
12-21-2011
Joshua Kaminash, respondent, v. Limor Levi, appellant.
, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by Limor Levi for leave to appeal to this Court from two orders of the Supreme Court, Kings County, dated November 18, 2011, and November 22, 2011, respectively, to stay enforcement of the order dated November 22, 2011, pending hearing and determination of the appeal, for poor person relief, for the assignment of counsel, and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal from the order dated November 18, 2011, is denied as unnecessary (see CPLR 5701[a][2]); and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the order dated November 22, 2011, is denied (see CPLR 5517); and it is further,
ORDERED that the branches of the motion which are to stay enforcement of the order dated November 22, 2011, to consolidate the appeals, and for poor person relief and the assignment of counsel with respect to the order dated November 22, 2011, are denied as academic; and it is further,
ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel with respect to the order dated November 18, 2011, are granted; and it is further,
ORDERED that the appeal from the order dated November 18, 2011, 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 child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other; 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; 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 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, including the attorney for the child, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Judiciary Law § 35 the following named attorney is assigned as counsel to prosecute the appeal from the order dated November 18, 2011:
Helene Bernstein, Esq.
and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the Supreme Court, Kings County; and it is further,
ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal from the order dated November 18, 2011, shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Supreme 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 scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, 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 any Supreme Court proceeding to be transcribed for the appeal from the order dated November 18, 2011; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that this decision and order on motion has been served upon the Clerk of the Supreme Court, Kings County, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal from the order dated November 18, 2011; and it is further,
ORDERED that if none of the above 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 the Court shall issue an order to all parties to the appeal to show cause why the appeal from the order dated November 18, 2011, should or should not be dismissed.
SKELOS, J.P., HALL, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.