Appellate Division: Second Judicial Department

M254510

E/rr

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-02954 Lorraine Marcone, appellant, v Joseph Marcone, respondent. (Index No. 9081/12)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated August 16, 2018, in the above-entitled case is recalled and vacated, and the following decision and order is on motion substituted therefor:

Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Suffolk County, dated January 13, 2017, as a poor person and for the assignment of counsel, in effect, with respect to issues of custody and visitation.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and pursuant to Judiciary Law § 35, the appellant is granted leave to proceed as a poor person on the appeal, with respect to issues of custody and visitation, and the following named attorney is assigned as counsel to prosecute the appeal with respect to issues of custody and visitation:

Susan A. DeNatale

982 Montauk Highway, Suite 6

Bayport, NY 11705

631-772-1246

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 is directed to serve a copy of this order upon the clerk of the Supreme Court, Suffolk County.

AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court