Appellate Division: Second Judicial Department

M180916

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2014-04343 In the Matter of Naomi Moskowitz, et al., appellants, v Rachel Moskowitz, et al., respondents. (Docket Nos. V-12853-12, V-12852-12, V-12850-12, V-12849-12, V-12851-12, V-12854-12)

DECISION & ORDER ON MOTION

Appeals by Naomi Moskowitz and Menachem Moskowitz from an order of the Family Court, Kings County, dated April 3, 2014. By order to show cause dated August 8, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by Menachem Moskowitz in the above-entitled proceedings for failure to comply with a scheduling order dated May 30, 2014, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the appellant Menachem Moskowitz for poor person relief and for the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant Menachem Moskowitz's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant Menachem Moskowitz's motion is granted; 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 respondents, 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 assigned counsel for the appellant Menachem Moskowitz, 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 a brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal by the appellant Menachem Moskowitz:

Joel Borenstein, Esq.

26 Court Street, Suite 700

Brooklyn, New York 11242

718-916-8370

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal by the appellant Menachem Moskowitz 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, the assigned counsel for the appellant Menachem Moskowitz shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal by Menachem Moskowitz; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that this decision and order on motion has been served upon the clerk of the court from which the appeals are taken, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal by Menachem Moskowitz; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

BALKIN, J.P., CHAMBERS, MILLER and HINDS-RADIX, 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.