Swanton v Swanton
Motion No: 2008-07428
Slip Opinion No: 2008 NYSlipOp 84424(U)
Decided on September 30, 2008
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

M76529

M/cb

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2008-07428

In the Matter of Eric Swanton, respondent,

v Jennifer Swanton, respondent-appellant;

Valerie J. Camacho, nonparty-appellant-respondent.

(Index No. 5029/03)

ORDER ON CERTIFICATION
Assignment of Counsel

Appeal by the attorney for the child from an order of the Supreme Court, Richmond County, dated July 18, 2008, and cross appeal by Jennifer Swanton from the same order. Pursuant to Family Court Act §§ 1118 and 1120, and Judiciary Law § 35, and upon the certification of Thomas R. Conigatti, Esq., dated August 20, 2008, it is

ORDERED that the respondent-appellant is granted leave to proceed as a poor person on the cross appeal, and the following named attorney is assigned as counsel to prosecute the cross appeal for the respondent-appellant:

Lewis S. Calderon, Esq.

153-01 Jamaica Avenue, Suite 201

Jamaica, New York 11432

(718 )883-1560

and it is further,

ORDERED that assigned counsel for the respondent-appellant shall promptly attempt to contact the respondent-appellant at the address provided by the court, and on or before October 15, 2008, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) the respondent-appellant is interested in responding to the appeal and prosecuting the cross appeal, or

(2) the respondent-appellant t is not interested in responding to the appeal and prosecuting the cross appeal, or that he has been unable to contact the respondent-appellant, and wishes to be relieved of the assignment; and it is further,

ORDERED that the assigned counsel for the respondent-appellant shall prosecute the cross 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]).

PRUDENTI, P.J., SANTUCCI, McCARTHY and CHAMBERS, 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.