Matter of Mullings v Foster
Motion No: 2006-03271
Slip Opinion No: 2006 NYSlipOp 72174(U)
Decided on July 18, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M41859

M/mv

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-03271

In the Matter of Loxley Mullings, respondent,

v Codean Foster, appellant.

(Docket Nos. V-17214-05, V-17215-05)

SCHEDULING ORDER

Appeal by Codean Foster from an order of the Family Court, Queens County, dated February 24, 2006. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Steven P. Forbes, dated June 13, 2006, it is

ORDERED that the following named attorney is assigned as counsel to prosecute the appeal:

Steven Forbes, Esq.

90-50 Parsons Blvd.

Suite 401

Jamaica, N.Y. 11432

718-791-8444

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 assigned counsel shall serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that 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]).

RITTER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.