Appellate Division: Second Judicial Department

M256079

E/rr

ALAN D. SCHEINKMAN, P.C.

WILLIAM A. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-10212 In the Matter of Jonathan V. Turetsky, respondent, v Jacqueline C. Murray, appellant. (Docket Nos. V-164-17/18A, V-166-17/18A, V-164-17/18B, V-166-17/18B)

DECISION & ORDER ON MOTION Assignment of Counsel

On the Court's own motion, it is

ORDERED that the order on certification of this Court dated September 26, 2018, in the above-entitled case is recalled and vacated, and the following order on certification is substituted therefor:

Appeal by Jacqueline C. Murray from an order of the Supreme Court, Rockland County (IDV Part), dated July 27, 2018. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Barry F. Weiss, dated September 18, 2018, it is

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

Alan McGeorge

228 Route 59, Suite 68

Nanuet, NY 10954

845-429-2080

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before October 17, 2018, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

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

(2) the appellant is not interested in prosecuting the appeal, 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 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 child, if any. The parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e][1], 1250.9[a][4],[c][1],[d],[e]; Family Ct Act § 1116); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the Supreme Court requiring all documents constituting the record on appeal to be filed in this Court (22 NYCRR 1250.9[a][4][i]); 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; 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 child, 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 expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further,

ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court