Opinion
2021-67550 Motion 2021-03532
06-11-2021
In the Matter of Mikhail O'Brien Velez, respondent, v. Eugenia A. Garcia, appellant. Docket Nos. V-21134-2013/19D, V-21134-2013/19E, V-21134-2013/20F
Unpublished Opinion
MOTION DECISION
HECTOR D. LASALLE, P.J., WILLIAM F. MASTRO, REINALDO E. RIVERA, MARK C. DILLON, CHERYL E. CHAMBERS
ORDER ON CERTIFICATION
Appeal by Eugenia A. Garcia from an order of the Family Court, Suffolk County, dated February 8, 2021. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Daniel Howard, dated June 7, 2021, 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:
Abbe Shapiro
5507-10 Nesconset Highway, Ste. 212
Mount Sinai, NY 11766
516-330-5490
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 July 2, 2021, 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 appellant, the respondent, and the attorney for the child, if any. The parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; 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 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 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., MASTRO, RIVERA, DILLON and CHAMBERS, JJ., concur.