Appellate Division: Second Judicial Department

M256690

AFA/

MARK C. DILLON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

ANGELA G. IANNACCI, JJ.

2018-10634 Gabriel Falco, appellant, v Laura Bowery Falco, respondent. (Index No. 21122/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, for leave to prosecute an appeal from an order of the Supreme Court, Suffolk County, dated August 27, 2018, as a poor person and for the assignment of counsel.

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 the appellant is granted poor person relief and the assignment of counsel with respect to 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:

Glenn Gucciardo

256 Main Street, Suite 206

Northport, New York 11768

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; 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 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of 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; 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.

DILLON, J.P., COHEN, MILLER and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court