Appellate Division: Second Judicial Department

M60589

S/sl

STEPHEN G. CRANE, J.P.

ROBERT A. SPOLZINO

GABRIEL M. KRAUSMAN

WILLIAM E. McCARTHY, JJ.

2007-05645 In the Matter of Rosario Portillo, appellant, v Milton Portillo, respondent. (Docket Nos. V-15560-06, V-15561-06, V-15704-06, V-15705-06)

DECISION & ORDER ON MOTION

Appeal by Rosario Portillo from an order of the Family Court, Suffolk County, dated June 7, 2007. By order to show cause dated August 7, 2007, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated June 27, 2007. Motion by the appellant pro se for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the appellant's motion and the papers filed in opposition or relation thereto, and the papers filed in response to the motion to dismiss the appeal, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion for poor person relief 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 to prosecute the appeal:

Karl E. Bonheim, Esq.

431 Griffing Avenue

Riverhead, New York 11901

(631) 208-9007

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., SPOLZINO, KRAUSMAN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court