Appellate Division: Second Judicial Department

M132520

V/

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-09804 In the Matter of Rebecca L. DiBenedetto, appellant, v Linda M. DiBenedetto, et al., respondents. (Proceeding No. 1) In the Matter of Vincent S. DiBenedetto, petitioner-respondent, v Rebecca L. DiBenedetto, appellant, Linda M. DiBenedetto, et al., respondents-respondents. (Proceeding No. 2) (Docket Nos. V-3167-07/10E, V-3168-07/10E, V-3171-07/10C, V-3172-07/10C)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated September 28, 2011, as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; 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, 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 appellant's counsel. The appellant's counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the appellant's 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 the appellant's counsel is directed to serve a copy of this order upon the Clerk of the Court from which the appeal is taken.

SKELOS, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court