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Nevarez v. Pina

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 3, 2016
2016 N.Y. Slip Op. 75577 (N.Y. App. Div. 2016)

Opinion

2016-03500 2016-03604

06-03-2016

In the Matter of Mario Nevarez, v. Jessica Pina, Isyss N. (Anonymous), et al., nonparty-appellants.


M212578

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

(Docket Nos. V-406-13/13A, V-407-13/13A, V-408-13/13A, V-408-13/13B, V-409-13/13A, V-409-13/13B, V-868-06/13E, V-868-06/14F, V-868-06/14G, V-869-06/13E, V-869-06/14F, V-869-06/14G, V-870-06/14C, V-871-06/14C)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Isyss N. and Mario N. and separate appeals by Jessica P., from two orders of the Family Court, Kings County, both dated March 3, 2016. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Philip Groner, Esq., dated March 12, 2016, it is

ORDERED that the appellant Jessica P. 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:

Richard J. Cardinale, Esq.

26 Court Street, Suite 1815

Brooklyn, NY 11242

718-624-9391

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Jessica P. at the address provided by the Court, and on or before June 17, 2016, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the appellant Jessica P. is interested in prosecuting the appeals, or

(2) the appellant Jessica P. is not interested in prosecuting the appeals, or that he 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 counsel for Jessica P., 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 counsel for Jessica P. Counsel for Jessica P. 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 brief of Jessica P. upon those parties; and it is further,

ORDERED that the counsel for Jessica P. 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 Jessica P. 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.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, 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

Nevarez v. Pina

Supreme Court of the State of New York Appellate Division: Second Judicial Department
Jun 3, 2016
2016 N.Y. Slip Op. 75577 (N.Y. App. Div. 2016)
Case details for

Nevarez v. Pina

Case Details

Full title:In the Matter of Mario Nevarez, v. Jessica Pina, Isyss N. (Anonymous), et…

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

Date published: Jun 3, 2016

Citations

2016 N.Y. Slip Op. 75577 (N.Y. App. Div. 2016)