Appellate Division: Second Judicial Department

M209216

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-01851 In the Matter of Malik Monroe, petitioner- appellant, v April Monroe, respondent- respondent; Malik M. (Anonymous), Jr., et al., nonparty-appellants. (Docket Nos. O-12449-15, V-10030-14/15D, V-10031-14/15D, V-8686-14, V-8687-14, V-8686-14/14A, V-8687-14/14A, O-8672-14/15C, O-8672-14/15B, V-8687-14/14B, V-8686-14/14B, O-8672-14/14A, O-8672-14) In the Matter of April Monroe, petitioner- respondent, v Malik Monroe, respondent- appellant; Malik M. (Anonymous), Jr., et al., nonparty-appellants. (Docket Nos. V-10030-14, V-10031-14, V-10030-14/14B, V-10031-14/14B, V-10030-14/14C, V-10031-14/14C, V-10030-14/15E, V-10031-14/15E, O-8701-14, O-8701-14/14A)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Malik Monroe and separate appeal by Malik M., Jr., and Autumn M. from an order of the Family Court, Westchester County (IDV Part), dated December 10, 2015. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Stephen P. Gold, Esq., dated March 25, 2016, it is

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as counsel for the nonparty-appellants on the appeals:

Karen M. Jansen, Esq.

445 Hamilton Avenue, Suite 607

White Plains, NY 10601

914-821-5200

and it is further,

ORDERED that Stephen P. Gold, Esq., is directed to turn over all papers in the proceeding to the new counsel for the nonparty-appellants herein assigned; 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 parties. 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 nonparty-appellants' 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 nonparty-appellants' counsel. The nonparty-appellants' counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, when the counsel serves a brief upon those parties; and it is further,

ORDERED that the nonparty-appellants shall serve a copy of this order upon the clerk of the court from which the appeals are taken; and it is further,

ORDERED that within 30 days after the date of this order, the nonparty-appellants 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 appeals; 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 appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal by the nonparty-appellants; 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 appeals to show cause why the appeal by the nonparty-appellants should or should not be dismissed.

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.