Appellate Division: Second Judicial Department

M220980

E/mv

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2016-07262, 2016-11097 In the Matter of Leylon Dey, appellant, v Kimya S. Minvielle, respondent. (Docket Nos. V-33465-13, V-33463-13, V-33464-13)

DECISION & ORDER ON MOTION Assignment of Counsel

Appeals by Leylon Dey from two orders of the Family Court, Kings County, dated December 1, 2015, and September 28, 2016, respectively. By order on certification dated September 15, 2016, the appellant was granted poor person relief and assignment of counsel with respect to the order dated December 1, 2015.

On the Court's own motion, it is

ORDERED that the appeals are consolidated; and it is further,

ORDERED that upon the certification of Michael D. Carlin, Esq., dated October 19, 2016, and pursuant to Family Court Act §§ 1118 and 1120, the appellant is granted poor person relief with respect to the order dated September 28, 2016, and the following named attorney is assigned as counsel to prosecute that appeal:

Michael D. Carlin, Esq.

26 Court Street, Suite 810

Brooklyn, NY 11242

718-541-4868

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 appellant, 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, held in connection with the order dated September 28, 2016, 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 appeals, including the attorney for the children, if any, when counsel serves a 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 appeals are taken; and it is further,

ORDERED that Leylon Dey shall perfect the appeal from the order dated September 28, 2016, in the above-entitled proceedings 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, if 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 from the order dated September 28, 2016; 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 from the order dated September 28, 2016; 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 from the order dated September 28, 2016, should or should not be dismissed.

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