Wiley v. Wiley

Full title: In the Matter of Lisa Estelle Wiley, respondent, v. Johnny Warren Wiley…

Court: Supreme Court of New York, Second Department

Date published: Oct 30, 2023

2023 N.Y. Slip Op. 75994 (N.Y. App. Div. 2023)

Opinion

Motion No. 2023-09159 Docket No. O-6001-2021

10-30-2023

In the Matter of Lisa Estelle Wiley, respondent, v. Johnny Warren Wiley Sr., appellant.

Unpublished Opinion

MOTION DECISION

HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.

ORDER ON CERTIFICATION ASSIGNMENT OF COUNSEL

On the Court's own motion, it is

ORDERED that the order on certification dated October 18, 2023, in the above-entitled case is recalled and vacated, and the following order on certification is substituted therefor:

Appeal by Johnny Warren Wiley Sr. from an order of the Family Court, Nassau County, dated September 11, 2023. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Thomas Persichilli, dated September 23, 2023, 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:

Gail Jacobs 10 St. George Road Great Neck, NY 11021 516-773-3107

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 20, 2023, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either

(1) the appellant is interested in prosecuting the appeal, or

(2) the appellant is not interested in prosecuting the appeal, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment;

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 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 (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 appeal, including the attorney for the children, if any, when counsel serves the appellant's brief upon those parties; and it is further, ORDERED that the assigned counsel shall prosecute the appeal 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 appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.