Opinion
2012-10963 2012-10964 2012-10965 Docket No. O-19671/09/11B O-16017/12 V-8791/10 V-8791/11D V-11637/10 V-11637/11D M149240
01-08-2013
In the Matter of Edmund T. Welch, appellant, v. Rachel L. Taylor, respondent. (Proceeding No. 1) In the Matter of Rachel L. Taylor, respondent, v. Edmund T. Welch, appellant. (Proceeding No. 2)
, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant on appeals from three orders of the Family Court, Kings County, all dated November 16, 2012, inter alia, to stay enforcement of the final order of custody and visitation, pending hearing and determination of the appeals, for poor person relief, 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 to stay enforcement of the final order of custody and visitation is granted to the extent that enforcement of so much of the final order for custody and visitation as directed the appellant to maintain a prescription for Marinol, to provide a copy of his Marinol prescription to the respondent and allowed the respondent to suspend his visitation with the subject child if the father failed to maintain his Marinol prescription is stayed pending hearing and determination of the appeals; and it is further,
ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel are granted; 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 child, 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 child, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:
Geanine Towers, Esq.
71 Bay Ridge Avenue, Second Floor
Brooklyn, N.Y. 11220
347-457-0050
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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken; and it is further,
ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, 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 the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that this decision and order on motion has been served upon the clerk of the court from which the appeals are taken, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., ANGIOLILLO, LEVENTHAL and MILLER, 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.