Appellate Division: Second Judicial Department

M34703

C/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-09844 In the Matter of Mahitab El-Sheemy, petitioner- respondent, v Ezzat A. El-Sheemy, et al., appellants, et al., respondent. (Docket No. V-31752/04)

DECISION & ORDER ON MOTION

Separate appeals by Ezzat A. El-Sheemy and Ahmad El-Sheemy from an amended order of the Family Court, Kings County, dated August 29, 2005. By order to show cause dated December 9, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated November 4, 2005, issued pursuant to 22 NYCRR 670.4[a][2]. Motion by the appellant Ahmad El-Sheemy for poor person relief and the assignment of counsel.

Upon the papers filed in support of the order to show cause and the motion, and the papers filed in opposition or relation thereto, it is

ORDERED that the branch of the order to show cause which is to dismiss the appeal by the appellant Ezzat A. El-Sheemy is granted, and the appeal by the appellant Ezzat A. El-Sheemy is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated November 4, 2005; and it is further,

ORDERED that the order to show cause is otherwise denied; and it is further,

ORDERED that the motion by Ahmad El-Sheemy for poor person relief and assigned counsel is granted; and it is further,

ORDERED that the appeal 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 Law Guardian, 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 Law Guardian, 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 for Ahmad El-Sheemy to prosecute the appeal:

Peter H. Dailey, Esq.

420 Riverside Drive - Suite 2-E

New York, New York 10025

(212) 678-6238

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal 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 order upon the Clerk of the court from which the appeal is taken.

CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court