Opinion
2013-05088 Docket No. A-16220-11 A-16221-11 M159521
07-25-2013
In the Matter of R. (Anonymous) Children. Ronald R. (Anonymous), et al., respondents; v. Heath R. (Anonymous), et al., appellants.
, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
ORDER ON CERTIFICATION Assignment of Counsel
Separate appeals by Heath R. and Christine W. from an order of the Family Court, Kings County, dated April 5, 2013. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Frank A. Buono, Esq., dated July 12, 2013, it is
ORDERED that the appellant Heath R. 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 on behalf of Heath R.:
Frank A. Buono, Esq.
442 Mason Avenue
Staten Island, N.Y. 10305
917-807-9814
and it is further,
ORDERED that the appeal by Heath R. 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 appeal, including the attorney for the children, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that assigned counsel shall serve a copy of this order on certification upon the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that the appeal by Heath R. in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel 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, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this order on certification; and it is further,
ORDERED that within 30 days after the date of this order on certification, 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; or
(2) if there are such minutes, an affidavit or affirmation 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 on certification has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal by Heath R.; 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 order on certification, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal by Heath R. should or should not be dismissed.
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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.