Appellate Division: Second Judicial Department

M68818

E/sl

ROBERT A. SPOLZINO, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2008-01236, 2008-01238, 2008-01240 In the Matter of Michael Walsh, respondent, v Maryanne Walsh, appellant. (Index Nos. O-3408/07, V-4343/07)

DECISION & ORDER ON MOTION

Motion by the Legal Aid Society of Orange County, counsel assigned to represent the appellant by the Family Court, Orange County, to be relieved, for the assignment of counsel to represent the appellant on appeals from an order of the Family Court, Orange County, dated November 20, 2007, and two orders of the same court, both dated January 18, 2008, and for leave to prosecute the appeals as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to relieve the Legal Aid Society of Orange County with respect to the appeals docketed under Appellate Division Docket No. 2008-01236 and 2008-01238, for the assignment of counsel to represent the appellant on those appeals, and for leave to prosecute those appeals as a poor person are denied as academic on the ground that those appeals were dismissed by decision and order on motion dated March 7, 2008; and it is further,

ORDERED that the branches of the motion which are to relieve the Legal Aid Society of Orange County with respect to the appeal docketed under Appellate Division Docket No. 2008-01240, for the assignment of counsel to represent the appellant on that appeal, and for leave to prosecute that appeal as a poor person are granted; and it is further,

ORDERED that the appeal docketed under Appellate Division Docket No. 2008-01240 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 attorney for the children, 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, 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 attorney for the children, 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 docketed under Appellate Division Docket No. 2008-01240:

Kenneth M. Tuccillo, Esq.

251 E. 61 Street

New York, New York 10021

(914) 439-4843

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal docketed under Appellate Division Docket No. 2008-01240 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 docketed under Appellate Division Docket No. 2008-01240 is taken.

SPOLZINO, J.P., BALKIN, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court