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Madden v. Ruskiewicz

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 13, 2013
2013 N.Y. Slip Op. 76874 (N.Y. App. Div. 2013)

Opinion

2013-05324 2013-05326 2013-05327 2013-05328 Docket No. V-4222-11/13A V-4225-11/13A O-3463-11/13C M157849

06-13-2013

In the Matter of Benjamin Madden, Jr., appellant, v. Jennifer Ruskiewicz, respondent. (Proceeding Nos. 1, 2) In the Matter of Jennifer Ruskiewicz, respondent, v. Benjamin Madden, Jr., appellant. (Proceeding No. 3)


, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Benjamin Madden, Jr., from three orders of the Family Court, Orange County, all dated April 26, 2013, and an order of the same court dated May 1, 2013. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Donald M. Card, Jr., Esq., dated June 5, 2013, 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:

Neal D. Futerfas, Esq.
50 Main Street, Suite 1000
White Plains, New York 10606
914-682-2171
and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the Court, and on or before June 27, 2013, shall notify the Case Manager assigned to the appeals, in writing, that he or 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 he or 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 appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies 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 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 children, 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 § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); 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 on certification upon the clerk of the court from which the appeals are taken.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.


Summaries of

Madden v. Ruskiewicz

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 13, 2013
2013 N.Y. Slip Op. 76874 (N.Y. App. Div. 2013)
Case details for

Madden v. Ruskiewicz

Case Details

Full title:In the Matter of Benjamin Madden, Jr., appellant, v. Jennifer Ruskiewicz…

Court:Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Jun 13, 2013

Citations

2013 N.Y. Slip Op. 76874 (N.Y. App. Div. 2013)