| McDonald v McDonald |
| Motion No: 2013-00959 |
| Slip Opinion No: 2013 NY Slip Op 73075(U) |
| Decided on May 8, 2013 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M156034
V/
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2013-00959
Brian McDonald, respondent, v Tanya McDonald, appellant. (Index No. 16666/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order and judgment of the Supreme Court, Westchester County, entered October 26, 2012, as a poor person, and for the assignment of counsel.
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 appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; 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; in the case of stenographers, both transcripts shall be filed with the clerk of the Supreme Court, and the clerk of the Supreme 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 Supreme 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 children, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Judiciary Law § 35 the following named attorney is assigned as counsel to prosecute the appeal:
Neal D. Futerfas, Esq.
50 Main Street, Suite 1000, 10th Floor
White Plains, N.Y. 10606
and it is further,
ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the Clerk of the Court from which the appeal is taken.
BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court