Opinion
2021-04548 2021-04549
08-18-2021
In the Matter of Denise Kushner, appellant, v. Lisa K. Askinazi, et al., respondents.
M278724 AFA/
HECTOR D. LASALLE, P.J., WILLIAM F. MASTRO, REINALDO E. RIVERA, MARK C. DILLON, CHERYL E. CHAMBERS, JJ.
ORDER ON CERTIFICATION
Appeals by Denise Kushner from two orders of the Family Court, Queens County, both dated April 29, 2021. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Daniel M. Bauso, dated August 12, 2021, 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:
Steven P. Forbes 223 Wall St., Suite 143 Huntington, NY 11743 718-791-8444
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 September 9, 2021, 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 Clerk of this Court, with proof of service of one hard 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 (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., MASTRO, RIVERA, DILLON and CHAMBERS, JJ., concur.