Appellate Division: Second Judicial Department

M81255

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

RANDALL T. ENG, JJ.

2008-08634, 2008-08937 In the Matter of Brian G. Reilly, respondent, v Carole A. Reilly, appellant. (Docket No. V-1823-01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to consolidate appeals from two orders of the Family Court, Dutchess County, both dated September 15, 2008 (Appellate Division Docket Nos. 2008-08634 and 2008-08937), for leave to prosecute the appeal from the order dated September 15, 2008 (Appellate Division Docket No. 2008-08937) as a poor person, and for the assignment of counsel on that appeal.

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal from the order dated September 15, 2008 (Appellate Division Docket No. 2008-08937), as a poor person, and for the assignment of counsel on that appeal are granted; and it is further,

ORDERED that the appeal from the order dated September 15, 2008 (Appellate Division Docket No. 2008-08937), 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 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, 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 from the order dated September 15, 2008 (Appellate Division Docket No. 2008-08937), including the attorney for the child, 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 attorney for Carole A. Reilly in connection with the appeal from the order dated September 15, 2008 (Appellate Division Docket No. 2008-08937):

Yasmin Daley-Duncan, Esq.

218 Smith Street

Brooklyn, New York 11201

(718) 284-3575

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal from the order dated September 15, 2008 (Appellate Division Docket No. 2008-08937), 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 from the order dated September 15, 2008 (Appellate Division Docket No. 2008-08937), is taken.

SKELOS, J.P., DILLON, ANGIOLILLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court