Appellate Division: Second Judicial Department

M178806

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-06778 In the Matter of Amanda Tavares, petitioner- appellant, v Antoine Barrington, respondent; Giovanni Xavier Barrington, nonparty-appellant. (Docket No. V-4998-12)

ORDER ON CERTIFICATION Assignment of Counsel

Separate appeals by Amanda Tavares and Giovanni Xavier Barrington from an order of the Family Court, Dutchess County, dated June 5, 2014. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Jaime A. Giannetta, Esq., dated June 17, 2014, it is

ORDERED that Amanda Tavares is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute her appeal:

Terry D. Horner, Esq.

81 So. Hamilton Street

Poughkeepsie, N.Y. 12601

845-452-5058

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact Amanda Tavares at the address provided by the Court, and on or before September 8, 2014, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) Amanda Tavares is interested in prosecuting her appeal, or

(2) Amanda Tavares is not interested in prosecuting her appeal, or that he has been unable to contact Amanda Tavares, 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 child, 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 assigned counsel for Amanda Tavares, 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 child, if any, when counsel serves a 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 Amanda Tavares 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.