Opinion
Motion No. 2022-05459 Docket Nos. F-4838-2015 F-4838-2022L
07-27-2022
In the Matter of Maria Martucci, appellant-respondent v. Biagio Nerone, respondent-appellant.
Unpublished Opinion
MOTION DECISION
HECTOR D. LASALLE, P.J., MARK C. DILLON, COLLEEN D. DUFFY, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
ORDER ON CERTIFICATION
Appeal by Maria Martucci, and cross-appeal by Biagio Nerone, from an order of the Family Court, Richmond County, dated June 14, 2022. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Francine Scotto, dated July 11, 2022, it is
ORDERED that the respondent-appellant Biagio Nerone is granted leave to proceed as a poor person on the appeal and cross appeal and the following named attorney is assigned as counsel to prosecute the cross appeal:
Francine Scotto
7448 Amboy Road
Staten Island, NY 10307
718-619-2101
and it is further, ORDERED that the cross appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant-respondent, the respondent-appellant, and the attorney for the child, if any. 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, 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 Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the respondent-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 and cross appeal, including the attorney for the child, if any, when counsel serves the respondent-appellant's brief upon those parties; and it is further, ORDERED that assigned counsel 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 cross appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this order; and it is further, ORDERED that within 30 days after the date of this order, the assigned counsel 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 Family Court proceeding to be transcribed for the appeal and cross appeal; or
(2) if there are such minutes, an affidavit or affirmation stating 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 this 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.