Appellate Division: Second Judicial Department

M107219

E/sl

A. GAIL PRUDENTI, P.J.

PETER B. SKELOS

ANITA R. FLORIO

HOWARD MILLER, JJ.

2008-09565 In the Matter of Pauline Petulla, petitioner- respondent, v Vincent Petulla, et al., respondents, Dolores Moscato, appellant. (Docket Nos. V-04230-06, V-04231-06)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se to recall and vacate a decision and order on motion of this court dated January 29, 2009, which dismissed an appeal from an order of the Family Court, Richmond County, dated September 12, 2008, for failure to comply with a scheduling order dated November 10, 2008, issued pursuant to 22 NYCRR 670.4(a)(2), to reinstate the appeal, to enlarge the time to perfect the appeal, for poor person relief, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion of this court dated January 29, 2009, is recalled and vacated; and it is further,

ORDERED that the 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 Law Guardian, 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 appeals, 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:

Michael Bromberg, Esq.

44 Hampton Street

Sag Harbor, New York 11965

(631) 725-0641

and it is further,

ORDERED that the assigned counsel 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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

PRUDENTI, P.J., SKELOS, FLORIO and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court