Appellate Division: Second Judicial Department

M84888

M/cb

HOWARD MILLER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2009-01647 In the Matter of Tracy Jon McDonough, appellant-respondent, v Denise Ortega McDonough, respondent-appellant. (Docket Nos. V-11669-08, V-11670-08)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal and cross appeal from an order of the Family Court, Suffolk County, dated January 21, 2009. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Kim Nohilly, Esq., dated March 10, 2009, it is

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

Salvatore C. Adamo, Esq.

350 Fifth Avenue - Suite 3304

PMB 40

New York, New York 10118-0069

(212) 964-7983

and it is further,

ORDERED that assigned counsel for respondent-appellant Denise Ortega McDonough for shall promptly attempt to contact her at the address provided by the court, and on or before April 27, 2009, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) the respondent-appellant Denise Ortega McDonough is interested in prosecuting the appeal, or

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

ORDERED that the appeal and cross 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 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 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 child, if any, when counsel serves the appellant 's brief upon those parties; and it is further,

ORDERED that the assigned counsel for respondent-appellant Denise Ortega McDonough 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]); and it is further,

ORDERED that upon a determination that the respondent-appellant Denise Ortega McDonough is interested in proceeding with the cross 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.

MILLER, J.P., ANGIOLILLO, ENG and AUSTIN, 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.