Appellate Division: Second Judicial Department

M219056

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-09129 In the Matter of Alexandra Tofalli, respondent, v Niki Sarrett, appellant; Tyler S. (Anonymous), et al., nonparty-appellants. (Proceeding No. 1) In the Matter of Niki Sarrett, appellant, v Alexandra Tofalli, respondent; Tyler S. (Anonymous), et al., nonparty-appellants. (Proceeding No. 2) (Docket Nos. V-12800-15, V-12801-15, V-12802-15 V-15248-15, V-15249-15, V-15250-15)

ORDER ON CERTIFICATION Assignment of Counsel ,

Appeal by Niki Sarrett and separate appeal by Tyler S., Dillan S., and Niki S., from an order of the Family Court, Suffolk County, dated August 11, 2016. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Melissa A. Quinn, Esq., dated September 26, 2016, it is

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

Salvatore C. Adamo, Esq.

350 Fifth Avenue, 59th Floor

New York, NY 10118

212-964-7983

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Niki Sarrett at the address provided by the Court, and on or before October 17, 2017, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) the appellant Niki Sarrett is interested in prosecuting the appeal, or

(2) the appellant Niki Sarrett is not interested in prosecuting the appeal, or that he has been unable to contact the appellant, and wishes to be relieved of the assignment; 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 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 counsel for Niki Sarrett, 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 counsel for Niki Sarrett. Counsel for Niki Sarrett is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the children, if any, when counsel serves the brief of Niki Sarrett upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeal of Niki Sarrett 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 Niki Sarrett is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are 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.