Opinion
Motion 2021-07198
01-19-2022
In the Matter of Kenneth Herbst, respondent, v. Dawn Palange, respondent-appellant; Kevin H. (Anonymous), nonparty-appellant. Docket Nos. F-19805-2007/2020F, F-04345-2007/2020T, V-03525-2007/2019AU, AW, V-03525-2007/2020AX, V-03526-2007/2019AS, AT, AV
Unpublished Opinion
MOTION DECISION
VALERIE BRATHWAITE NELSON, J.P., SHERI S. ROMAN, LARA J. GENOVESI, DEBORAH A. DOWLING, JJ.
DECISION & ORDER ON MOTION
Appeal by Dawn Palange, and separate appeal by Kevin H., from an order of the Family Court, Suffolk County, dated September 2, 2021. Motion by Dawn Palange, the respondent-appellant pro se, for leave to prosecute her appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the certification of Frederick N. Vogeney, dated November 8, 2021, it is
ORDERED that the motion is granted; 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 (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; 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 respondent-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, when counsel serves a brief upon those parties; and it is further, ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal by Dawn Palange:
Thomas J. Butler
31 Long Street
South Huntington, NY 11746
877-847-1896
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal by Dawn Palange 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.
BRATHWAITE NELSON, J.P., ROMAN, GENOVESI and DOWLING, JJ., concur.