Appellate Division: Second Judicial Department

M129719

E/mv

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2011-08643, 2011-08646, 2011-08647 2011-08648, 2011-08649 In the Matter of Paul Piscitelli, petitioner- respondent, v Winona Mae Palmiotti, appellant, et al., respondent. (Appeal No. 1) In the Matter of Winona Mae Palmiotti, appellant, v Paul Piscitelli, respondent. (Appeal Nos. 2, 5) In the Matter of Winona Mae Palmiotti Marzocco, appellant, v Paul Piscitelli, respondent. (Appeal Nos. 3, 4) (Docket Nos. V-17642/09, V-17642/09/11A, V-17642/09/11B, V-17642/09/11C, V-17642/09/11D)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from five orders of the Family Court, Suffolk County, dated November 10, 2010, August 22, 2011, and September 7, 2011 (three orders), respectively, for leave to prosecute the appeals as a poor person 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 on the Court's own motion, the appeal from the order dated November 10, 2010, is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of an appealing party (see CPLR 5511); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated November 10, 2010, as a poor person and for the assignment of counsel on that appeal is denied as academic; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals from the order dated August 22, 2011, and three orders dated September 7, 2011, as a poor person and for the assignment of counsel on those appeals is granted; 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 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 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 appeals:

Marina Martielli, Esq.

15 Woodfield Avenue

E. Quogue, N.Y. 11942

631-728-2654

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.

RIVERA, J.P., BALKIN, ENG and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court