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Bressler v. Bressler

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 21, 2013
2013 N.Y. Slip Op. 77535 (N.Y. App. Div. 2013)

Opinion

2013-04621 Index No. 56097/09 M158316

06-21-2013

Barry Bressler, respondent, v. Maria L. Bressler, appellant.


, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated April 12, 2013, for leave to reargue the branch of her prior motion which was to stay enforcement of the order and to retain physical custody of the subject child, pending hearing and determination of an appeal from the order, which was determined by decision and order on motion of this Court dated May 14, 2013, for poor person relief, and for the assignment of counsel.

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 reargue is denied; and it is further,

ORDERED that the branches of the motion which are for poor person relief and the assignment of counsel are granted; 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 appellant's and the respondent's briefs; 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 children, 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:

Mark Diamond, Esq.
Box 287356
Yorkville Station, N.Y. 10128
917-660-08758
and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the Clerk of the Court from which the appeal is taken; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the proceedings in the Supreme Court, and the appellant shall notify this Court by letter of the date the transcripts are received. If there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, 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 in the Supreme Court action to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was 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 court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; 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 decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

MASTRO, J.P., DILLON, DICKERSON and AUSTIN, 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.


Summaries of

Bressler v. Bressler

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 21, 2013
2013 N.Y. Slip Op. 77535 (N.Y. App. Div. 2013)
Case details for

Bressler v. Bressler

Case Details

Full title:Barry Bressler, respondent, v. Maria L. Bressler, appellant.

Court:Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Jun 21, 2013

Citations

2013 N.Y. Slip Op. 77535 (N.Y. App. Div. 2013)