Appellate Division: Second Judicial Department

M255151

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-10220, 2018-13511 Melissa Goikhman, respondent, v Shlomo Biton, appellant. (Index No. 50548/15; Docket No. O-365/15)

DECISION & ORDER ON MOTION Assignment of Counsel

Appeals from a decision and order (one paper) of the Supreme Court, Kings County (IDV-Part), dated February 5, 2018, and a judgment of the same court dated May 16, 2018.

On the Court's own motion, it is

ORDERED that the notice of appeal from so much of the decision and order as concerns the matrimonial action under Index No. 50548/15 is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2018-13511; the appeal from so much of the decision and order as concerns the family offense proceeding under Docket No. O-365/15 will continue to be prosecuted under Appellate Division Docket No. 2018-10220; and it is further,

ORDERED that pursuant to Family Court Act §§ 1118 and 1120, and Judiciary Law § 35, and upon the certification of Philip Groner, dated August 9, 2018, the appellant is granted leave to proceed as a poor person on the appeals with respect to the family offense proceeding as well as the issues of custody and visitation, and the following named attorney is assigned as counsel to prosecute the appeals with respect to the family offense proceeding and the issues of custody and visitation:

Steven P. Forbes

155-03 Jamaica Avenue

Jamaica, New York 11432

718-791-8444

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 December 4, 2018, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the appellant is interested in prosecuting the appeals with respect to the family offense proceeding and the issues of custody and visitation, or

(2) the appellant is not interested in prosecuting the appeals with respect to the family offense proceeding and the issues of custody and visitation, 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 appeals 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 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 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 with respect to the family offense proceeding and the issues of custody and visitation, 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 Family Court, and the clerk of the Family 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 Family Court and one transcript shall be delivered to the appellant's assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the children, if any, when counsel serves a brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeals with respect to the family offense proceeding and the issues of custody and visitation 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 appeals with respect to the family offense proceeding and the issues of custody and visitation, the assigned counsel is directed to serve a copy of this order upon the clerk of the Supreme Court, Kings County (IDV-Part).

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.