Appellate Division: Second Judicial Department

M225913

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-01220, 2017-01221 In the Matter of Mara C. Wagner, appellant, v Adam J. Czerwinski, respondent. (Docket No. O-4415-16/16A)

DECISION & ORDER ON MOTION Assignment of Counsel

Appeals by Mara C. Wagner from a decision of the Family Court, Queens County, dated December 13, 2016, and an order of the same court dated December 14, 2016, respectively.

On the Court's own motion, it is

ORDERED that the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Meryl L. Kovit, Esq., dated January 13, 2017, the appellant is granted leave to proceed as a poor person on the appeal from the order, and the following named attorney is assigned as counsel to prosecute that appeal:

Richard L. Herzfeld, Esq.

112 Madison Avenue, 8th Floor

New York, NY 10016

212-818-9019

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the Court, and on or before February 24, 2017, shall notify the Case Manager assigned to the appeal from the order, in writing, that he has done so and that either

(1) the appellant is interested in prosecuting the appeal from the order, or

(2) the appellant is not interested in prosecuting the appeal from the order, 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 from the order 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, 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, including the attorney for the children, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeal from the order 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 is interested in proceeding with the appeal from the order, the assigned counsel is directed to serve a copy of this order upon the clerk of the Family Court, Queens County.

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 Mr. Rose. Please contact him at 718-722-6487 with any questions.