Appellate Division: Second Judicial Department

M239292

E/afa

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2017-06326 Marash Gjelaj, respondent, v Anisa Gjelaj, appellant. (Index No. 2505/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for poor person relief and the assignment of counsel on an appeal from a judgment of the Supreme Court, Westchester County, dated April 26, 2017.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that poor person relief and the assignment of counsel are granted with respect to the appeal from so much of the judgment as concerns issues of custody and visitation and the motion is otherwise denied; and it is further,

ORDERED that pursuant to Judiciary Law § 35, the following named attorney is assigned as counsel to prosecute the appeal with respect to issues of custody and visitation:

Karen M. Jansen, Esq.

445 Hamilton Avenue, Suite 607

White Plains, NY 10601-1827

914-761-2300

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 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]); 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), with respect to issues of custody and visitation; in the case of stenographers, both transcripts shall be filed with the clerk of the Supreme Court, and the clerk of the Supreme Court shall furnish one of such certified transcripts to the appellant's assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Supreme 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 appeal, including the attorney for the children, if any, when assigned counsel serves a brief upon those parties; and it is further,

ORDERED that assigned counsel shall prosecute the appeal, with respect to issues of custody and visitation, 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the Supreme Court, Kings County; and it is further,

ORDERED that assigned counsel shall perfect the appeal with respect to issues of custody and visitation in the above-entitled action within 60 days after receiving the transcripts of the minutes of the proceeding in the Supreme Court, and shall notify this Court by letter of the date the transcripts are received. If there are no minutes to be transcribed, the appeal with respect to issues of custody and visitation in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, 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 in the Supreme Court action to be transcribed for the appeal with respect to issues of custody and visitation; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that this decision and order on motion has been served upon the clerk of the court from which the appeal is taken, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal with respect to issues of custody and visitation; 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 show cause why the appeal with respect to issues of custody and visitation should or should not be dismissed.

RIVERA, J.P., HALL, COHEN and MILLER, 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.