Appellate Division: Second Judicial Department

M222693

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-04453, 2016-12382 In the Matter of Joseph Sarfati, respondent- appellant, v Christine DeJesus, appellant- respondent. (Docket Nos. V-21559-09/09A-12F, V-21560-09/09 V-23618-09/10A-12E, V-23619-09/10A-12E)

DECISION & ORDER ON MOTION Assignment of Counsel A-12F,

Appeals by Christine DeJesus and cross appeals by Joseph Sarfati from two orders of the Family Court, Kings County, dated April 8, 2016, and October 26, 2016, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Mindy L. Gress, Esq., dated May 2, 2016, by order on certification of this Court dated May 31, 2016, Christine DeJesus was granted poor person relief and assigned counsel with respect to the appeal and cross appeal from the order dated April 8, 2016. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Brad M. Nacht, Esq., dated June 6, 2016, by order on certification of this Court dated June 13, 2016, Christine DeJesus was granted poor person relief and assigned counsel with respect to the appeal and cross appeal from the order dated April 8, 2016.

Now, on the Court's own motion, it is

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

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, the appellant-respondent is granted leave to proceed as a poor person on the appeal and cross appeal from the order dated October 26, 2016, and the following named attorney is assigned as counsel to prosecute her appeal from that order:

Heath J. Goldstein, Esq.

90-50 Parsons Blvd., Suite 216

Jamaica, NY 11432

646-436-1052

and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, the respondent-appellant is granted leave to proceed as a poor person on the appeal and cross appeal from the order dated October 26, 2016, and the following named attorney is assigned as counsel to prosecute his cross appeal from that order:

Linda C. Braunsberg, Esq.

370 Powell Street, Apt. #2

Staten Island, NY 10312

718-637-4479

and it is further,

ORDERED that the appeals and cross appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant-respondent, the respondent-appellant, 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, in connection with the order dated October 26, 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-respondent's assigned 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 appellant-respondent's assigned counsel. The appellant-respondent's assigned counsel is directed to provide copies of said transcripts to all of the other parties when counsel serves a brief upon those parties; and it is further,

ORDERED that the appellant-respondent's assigned counsel shall perfect the appeals on or before December 16, 2016 (see 22 NYCRR 670.4[a]); and it is further,

ORDERED that the appellant-respondent's assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals and cross 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.