Appellate Division: Second Judicial Department

M122053

V/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-04866, 2011-05014, 2011-05015 In the Matter of Dustin M. Sedore, etc., respondent, v Patricia R. Sedore, appellant. (Proceeding No. 1) In the Matter of Patricia R. Sedore, appellant, v Dustin M. Sedore, et al., respondents. (Proceeding Nos. 2 & 3) (Docket Nos. O-3755/09, V-5150/09, V-5151/09)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Patricia R. Sedore from an order of the Family Court, Dutchess County, dated April 25, 2011, and two orders of the Family Court, Dutchess County, both dated May 11, 2011. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Lee David Klein, Esq., dated June 15, 2011, it is

ORDERED that on the Court's own motion, the appeals docketed under Appellate Division Docket Nos. 2011-04866, 2011-05014, and 2011-05015 are consolidated; and it is further,

ORDERED that the appellant is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals:

Terry D. Horner, Esq.

329 Main Street

Poughkeepsie, N.Y. 12601

(845) 471-0044

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the Court, and on or before July 11, 2011, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the appellant is interested in prosecuting the appeals, or

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

ORDERED that the appeals 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 children, if any. The parties are directed to file 10 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 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 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 upon a determination that the appellant is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, 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.