Appellate Division: Second Judicial Department

M56204

M/cb

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-05170 In the Matter of Mark LaBorde, appellant- respondent, v Denise Pennington, respondent, Catherine Pennington, respondent-appellant. (Proceeding No. 1) In the Matter of Denise Pennington, respondent, v Mark LaBorde, appellant. (Proceeding No. 2) In the Matter of Catherine Pennington, respondent- appellant, v Mark LaBorde, appellant-respondent. (Proceeding No. 3) (Docket Nos. V-1825-06, V-1826-06, V-10430-04, V-4123-01)

ORDER ON CERTIFICATION Assignment of counsel

Appeal by Mark LaBorde and cross appeal by Catherine Pennington from an order of the Family Court, Westchester County, dated May 8, 2007. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Lawrence S. Horowitz, Esq., assigned counsel for Mark LaBorde, dated June 9, 2007, it is

ORDERED that Mark LaBorde 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 for Mark LaBorde:

Joan Iacono, Esq.

81 Pondfield Road - Suite 8

Bronxville, New York 10708

(914) 961-0565

and it is further,

ORDERED that assigned counsel for Mark LaBorde shall promptly attempt to contact the appellant, at the address provided by the court, and shall notify the Case Manager assigned to the appeal on or before August 9, 2007, in writing, that he or she has done so and that either

(1) Mark LaBorde is interested in prosecuting the appeal, or

(2) Mark LaBorde is not interested in prosecuting the appeal, or that she has been unable to contact Mark LaBorde, and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeal of Mark LaBorde will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant Mark LaBorde, the cross 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 for Mark LaBorde 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 Mark LaBorde's brief upon those parties; and it is further,

ORDERED that the assigned counsel for Mark LaBorde 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 upon a determination that the appellant Mark LaBorde is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

SPOLZINO, J.P., SKELOS, LIFSON and BALKIN, 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.