Opinion
Motion Nos. 2024-02098 2024-02099 2024-02100 2024-02101 Index No. 550642/2020
04-29-2024
Giuseppe Lubrano, respondent, v. Ekaterina Lubrano, appellant.
Unpublished Opinion
MOTION DECISION
M296104
BETSY BARROS, J.P., LINDA CHRISTOPHER, JANICE A. TAYLOR, CARL J. LANDICINO, JJ.
DECISION & ORDER ON MOTION
Motion by the defendant for leave to appeal to this Court from four orders of the Supreme Court, Kings County (IDV Part), dated February 26, 2024, March 4, 2024, March 11, 2024, and March 12, 2024, respectively, to stay enforcement of the orders, pending hearing and determination of the appeals, for leave to prosecute the appeals 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, it is
ORDERED that the branch of the motion which is for leave to appeal from the orders dated February 26, 2024, March 4, 2024, March 11, 2024, and March 12, 2024, is granted to the extent that the appellant is granted leave to appeal from the orders dated March 4, 2024, March 11, 2024, and March 12, 2024, and that branch of the motion is otherwise denied; and it is further, ORDERED that the branch of the motion which is to stay enforcement of the orders is granted to the extent that so much of the order dated March 4, 2024, as vacated the judgment of divorce entered December 13, 2023, stayed enforcement of all prior orders, pending hearing and determination of the appeal from the judgment of divorce, and directed that the marital residence shall not be sold is stayed, pending hearing and determination of the appeals, on condition that the appeals are perfected on or before May 29, 2024, and that branch of the motion is otherwise denied; and it is further, ORDERED that in the event the appeals are not perfected on or before May 29, 2024, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further, ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person and the assignment of counsel is granted; and it is further, ORDERED that pursuant to Judiciary Law § 35, the following named attorney is assigned as counsel to prosecute the appeals:
Carol Lipton
800 Greenwood Ave., #3L
Brooklyn, NY 11218
718-436-5359and it is further;
ORDERED that the branch of the motion which is to waive the filing fee and to proceed on the original papers is granted, the filing fee is waived, and 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; the parties 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; a self-represented party who is unable to upload a digital copy of a brief, may file one original copy with the Clerk of this Court, by regular mail, with proof of service of one hard copy on the other party (22 NYCRR 670.9[a]); additionally, the appellant's assigned counsel is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the branch of the motion which is for free transcripts is granted and 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 assigned 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 appellant's 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the Supreme Court, Kings County.
BARROS, J.P., CHRISTOPHER, TAYLOR and LANDICINO, JJ., concur.