Appellate Division: Second Judicial Department

M244366

E/rr

ALAN D. SCHEINKMAN, P.J.

WILLIAM A. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-10586 In the Matter of Suzanne Greenwald, appellant-respondent, v Brian Greenwald, respondent-appellant. (Docket No. F-399-09)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Suzanne Greenwald, and cross appeal by Brian Greenwald, from an order of the Family Court, Kings County, dated August 24, 2017. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of William C. Hoffman, Esq., dated December 3, 2017, it is

ORDERED that Brian Greenwald is granted leave to proceed as a poor person on the appeal and cross appeal, and the following named attorney is assigned as counsel to prosecute the cross appeal:

Heath J. Goldstein, Esq.

90-50 Parsons Blvd., Suite 216

Jamaica, NY 11432

646-436-1052

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact Brian Greenwald at the address provided by this Court, and on or before January 26, 2018, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) Brian Greenwald is interested in prosecuting the cross appeal, or

(2) Brian Greenwald is not interested in prosecuting the cross appeal, or that he has been unable to contact Brian Greenwald, and wishes to be relieved of the assignment;

and it is further,

ORDERED that the appeal and cross 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]; 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 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 assigned counsel. 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 assigned counsel shall prosecute the cross appeal 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 Brian Greenwald is interested in proceeding with the cross appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the Family Court, Kings County.

SCHEINKMAN, 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.