Appellate Division: Second Judicial Department

M179692

V/

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-570-14, V-577-14, V-578-14)

ORDER ON CERTIFICATION Assignment of Counsel

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 Flaumenhaft, Esq., dated August 26, 2014, it is

ORDERED that the appellant Eric Schumacher is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute his appeal:

Robert M. Garcia, Esq.

320 Carleton Avenue, Suite 3900

Central Islip, N.Y. 11722

631-667-3757

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Eric Schumacher at the address provided by the Court, and on or before October 2, 2014, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the appellant Eric Schumacher is interested in prosecuting his appeal, or

(2) the appellant Eric Schumacher is not interested in prosecuting his appeal, or that he has been unable to contact the appellant Eric Schumacher, 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 Eric Schumacher's assigned 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 appeal, including the attorney for the children, if any, when counsel serves the appellant Eric Schumacher's brief upon those parties; and it is further,

ORDERED that the counsel for Eric Schumacher shall prosecute the appeal by Eric Schumacher 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 Eric Schumacher is interested in proceeding with his appeal, the assigned counsel is directed to serve a copy of this order on certification 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.