Appellate Division: Second Judicial Department

M114644

P/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-11227, 2011-00377 In the Matter of Kellie Williams, respondent, v Erik Dowgiallo, appellant. (Docket No. V-04325/10)

DECISION & ORDER ON MOTION

Appeals by Erik Dowgiallo from two orders of the Family Court, Suffolk County, dated November 8, 2010 and November 24, 2010, respectively.

On the Court's own motion, it is

ORDERED that pursuant to this Court's decision and order dated January 6, 2011, issued under Appellate Division Docket No. 2010-11227, the appellant is granted leave to prosecute the appeal under Appellate Division Docket No. 2011-00377 as a poor person; and it is further;

ORDERED that the appeal under Appellate Division Docket No. 2011-00377 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 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 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, who was previously assigned as counsel to prosecute the appeal under Appellate Division Docket No. 11227, is assigned as counsel to prosecute the appeal under Appellate Division Docket No. 2011-00377:

Anna Martin, Esq.

250 Montauk Highway

East Moriches, New York 11940

(718) 878-3352

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals 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 appeals are taken; and it is further,

ORDERED that the appeals from the orders are consolidated, and the parties and the attorney for the child, if any, shall file 10 copies of their respective briefs.

SKELOS, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.