| Matter of Jamison v Britton |
| Motion No: 2015-00664 |
| Slip Opinion No: 2015 NY Slip Op 70646(U) |
| Decided on April 20, 2015 |
| 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
M190763
V/
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2015-00664 In the Matter of Shante Jamison, petitioner, v Rita Britton, respondent. (Proceeding No. 1) (Docket Nos. O-7854-10, V-6639-10/10A, V-6639-10/11B) In the Matter of Wendy Jamison, petitioner, v Rita Britton, respondent. (Proceeding No. 2) (Docket No. V-7899-10/11B) In the Matter of Rita Britton, appellant, v Shante Jamison, respondent; Alahni Champagne Lemon, nonparty-appellant. (Proceeding No. 3) (Docket Nos. V-6639-10, V-6639-10/11C, V-6639-10/13H, V-7650-10/10A, V-7650-10/13B) In the Matter of Rita Britton, petitioner-appellant, v Antonio C. Lemon, respondent-appellant; Alahni Champagne Lemon, nonparty-appellant. (Proceeding No. 4) (Docket No. V-6641-10) In the Matter of Rita Britton, appellant, v Wendy Jamison, respondent; Alahni Champagne Lemon, nonparty-appellant. (Proceeding No. 5) (Docket No. O-9879-11) In the Matter of Antonio C. Lemon, appellant, v Rita Britton, respondent. (Proceeding No. 6) (Docket No. V-6165-13) In the Matter of Shante Jamison, petitioner, v Antonio Lemon, respondent. (Proceeding No. 7) (Docket Nos. O-6766-12, V-7650-10, V-7898-10) In the Matter of Wendy Jamison, petitioner, v Shante Jamison, respondent. (Proceeding No. 8) (Docket Nos. V-9393-10, V-7901-10) In the Matter of Wendy Jamison, petitioner, v Antonio Lemon, respondent. (Proceeding No. 9) (Docket Nos. V-7899-10, V-9395-10, V-7899-10/11 In the Matter of Antonio C. Lemon, appellant, v Shante Jamison, respondent. (Proceeding No. 10) (Docket No. V-1512-11)
| ORDER ON CERTIFICATION Assignment of Counsel A) |
Separate appeals by Rita Britton, Antonio C. Lemon and Alahni Champagne Lemon from an order of the Family Court, Westchester County, dated January 23, 2015. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Teresa Stilo, Esq., dated April 3, 2015, it is
ORDERED that the following named attorney is assigned as counsel to prosecute the appeal on behalf of Antonio C. Lemon:
Teresa Stilo, Esq.
41 Tewkesbury Road
Scarsdale, N.Y. 10583
914-472-7669
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 briefs of the appellant, 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 the appellant'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 appeal, including the attorney for the child, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that assigned counsel shall serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that the appeal by Antonio C. Lemon in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this order, the assigned counsel 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 any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal by Antonio C. Lemon; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the Court shall issue
an order to all parties to the appeal to show cause why the appeal by Antonio C. Lemon should or should not be dismissed.
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.