Appellate Division: Second Judicial Department

M203854

E/mv

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-10453, 2015-10667 In the Matter of Marcus Murphy, petitioner- respondent, v Elyssa Lewis, respondent- appellant. (Docket No. V-304/11)

DECISION & ORDER ON MOTION Assignment of Counsel

On the Court's own motion, it is

ORDERED that the order on certification of this Court dated November 12, 2015, in the above-entitled case is recalled and vacated, and the following order on certification is substituted therefor:

Appeals by Elyssa Lewis from two orders of the Family Court, Westchester County, dated October 1, 2015, and October 22, 2015. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Naomi R. Duker, Esq., dated October 13, 2015, it is

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

William Martin, Esq.

44 Church Street

White Plains, N.Y. 10601

914-771-7711

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the respondent-appellant at the address provided by the Court, and on or before January 8, 2016, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the respondent-appellant is interested in prosecuting the appeals, or

(2) the respondent-appellant is not interested in prosecuting the appeals, or that he has been unable to contact the respondent-appellant, 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 respondent-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 respondent-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 appeals, including the attorney for the child, if any, when counsel serves the respondent-appellant'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 respondent-appellant is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals is taken.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, 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.