Opinion
Motion No 2023-01473 Docket Nos. V-14-2020/202A V-14-2020/2021B O-10-2022 O-17-2021
03-06-2023
In the Matter of Merry Eriksson, plaintiff-respondent v. Andrew Devlin, appellant-respondent; Eriksson D. (Anonymous), respondent-appellant.
Unpublished Opinion
MOTION DECISION
M287715
JV/HECTOR D. LASALLE, P.J., MARK C. DILLON, COLLEEN D. DUFFY, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
ORDER ON CERTIFICATION
Appeal by Andrew Devlin and cross appeal by Eriksson D. from an order of the Supreme Court, Orange County (IDV Part), dated January 19, 2023. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Kristy L. Horaz, dated March 2, 2023, it is
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as the attorney for the respondent-appellant Eriksson D. on the appeal and cross appeal:
Geoffrey E. Chanin
P.O. Box 967, 4 Hampton Road
Goshen, NY 10924
845-294-5516
and it is further, ORDERED that Kristy L. Horaz is directed to turn over all papers in the proceeding to the new attorney for the respondent-appellant Eriksson D. herein assigned; and it is further, ORDERED that the appeal and cross 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 Supreme Court, and the clerk of the Supreme Court shall furnish one of such certified transcripts to the attorney for the respondent-appellant, 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 attorney for the respondent-appellant. The attorney for the respondent-appellant is directed to provide copies of said transcripts to all of the other parties to the appeal and cross appeal, when the attorney for the respondent-appellant serves a brief upon those parties; and it is further, ORDERED that attorney for the respondent-appellant shall serve a copy of this order upon the clerk of the court from which the appeal and cross appeal are taken; and it is further, ORDERED that the appeal and cross appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the attorney for the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the attorney for the respondent-appellant shall notify this Court by letter of the date the transcripts are received, or, in cases where 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 order, the attorney for the respondent-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 of any Supreme Court proceeding to be transcribed for the appeal and cross appeal; 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 order has been served upon the clerk of the court from which the appeal and cross appeal are taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the cross 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 scheduling order, the Clerk of the Court shall issue an order to all parties to the appeal and cross appeal to show cause why the cross appeal should or should not be dismissed.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.