Appellate Division: Second Judicial Department

M177591

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-06328 In the Matter of Theresa Sweeney, respondent, v Jenny Brodzansky, et al., appellants. (Docket Nos. V-569-14, V-5670-14, V-577-14, V578-14)

ORDER ON CERTIFICATION Assignment of Counsel

Separate appeals by Jenny Brodzansky and Eric Schumacher from an order of the Family Court, Suffolk County, dated June 13, 2014. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Steven Burton, Esq., dated June 13, 2014, it is

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

Susan A. DeNatale, Esq.

982 Montauk Highway - Suite 6

Bayport, N.Y. 11705

631-772-1246

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Jenny Brodzansky at the address provided by the Court, and on or before August 22, 2014, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either

(1) the appellant Jenny Brodzansky is interested in prosecuting her appeal, or

(2) the appellant Jenny Brodzansky is not interested in prosecuting her appeal, or that she has been unable to contact the appellant Jenny Brodzansky, 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 appellants, 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 Jenny Brodzansky'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 Jenny Brodzansky'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 Jenny Brodzansky is interested in proceeding with her appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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