Appellate Division: Second Judicial Department

M68745

M/cb

ROBERT A. LIFSON, J.P.

MARK C. DILLON

RUTH C. BALKIN

WILLIAM E. McCARTHY, JJ.

2008-02804 In the Matter of Mark E. Arduino, Sr., respondent-appellant, v Maritza Ayuso, appellant-respondent. (Proceeding No. 1) In the Matter of Maritza Ayuso, appellant-respondent, v Mark E. Arduino, Sr., respondent-appellant. (Proceeding No. 2) (Docket Nos. O-12521-04, O-12858-04, V-122-00, V-123-00, V-124-00, V-323-00, V-323-00, V-324-00, V-05386-06, O-13887-06, O-14257-06, V-13891-06, V-13892-06, V-13893-06, V-14261-06, V-14262-06, V-14263-06, V-14624-06, V-1488-08, V-1489-08, O-15858-07, V-15852-07, V015859-07

SCHEDULING ORDER

Appeal and cross appeal from an order of the Supreme Court, Westchester County, (IDV Part), dated February 29, 2008. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Stephen A. Gold, Esq., dated March 10, 2008, it is

ORDERED that the appellant-respondent Maritza Ayuso 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 Maritza Ayuso:

Cheryl Charles Duval, Esq.

44 Court Street - Suite 909

Brooklyn, New York 11201

(718) 522-7472

and it is further,

ORDERED that assigned counsel for Maritza Ayuso shall promptly attempt to contact the appellant at the address provided by the court, and on or before April 21, 2008, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either

(1) Maritza Ayuso is interested in prosecuting the appeal, or

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

ORDERED that the appeal by Maritza Ayuso will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties, 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 assigned counsel for Maritza Ayuso, 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 Maritza Ayuso is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the brief for Maritza Ayuso upon those parties; and it is further,

ORDERED that the assigned counsel for Maritza Ayuso 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 Maritza Ayuso 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.

LIFSON, J.P., DILLON, BALKIN and McCARTHY, 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.