Opinion
2021-04007 2021-04008
06-30-2021
HECTOR D. LASALLE, P.J. WILLIAM F. MASTRO REINALDO E. RIVERA MARK C. DILLON CHERYL E. CHAMBERS, JJ.
ORDER ON CERTIFICATION
Appeals by Shadeen Smith from two orders of the Family Court, Nassau County, dated April 29, 2021, and April 28, 2021, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Theresa A. Spinillo, dated June 23, 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:
Amy L. Colvin
9 Everett Place
Huntington, NY 11743
and it is further,631-424-8495
ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before July 21, 2021, shall notify the Case Manager assigned to the appeals, in writing, that she 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 she 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 on original copy with the Clerk of this Court, with poof of service of one hard copy on each other; and it is further,
ORDERED that the stenographers) 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
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at jvazquez@nycourts.gov or 718-722-6488 with any questions.