Appellate Division: Second Judicial Department

M258212

V/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-13704 In the Matter of Tracy L. Orebek, petitioner- respondent, v John H. Vail, respondent- respondent; Hailey V. (Anonymous), et al., nonparty-appellants. (Docket Nos. V-1756-08/18D, V-1758-08/18D)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Hailey V. and Noah V. from an order of the Family Court, Orange County, dated November 8, 2018. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Adam Paltrowitz, dated December 3, 2018, it is

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as the attorney for the children on the appeal:

Geoffrey E. Chanin

152 Main Street

Goshen, NY 10924

845-291-7077

and it is further,

ORDERED that Adam Paltrowitz, is directed to turn over all papers in the proceeding to the new attorney for the children herein assigned; 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, 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 attorney for the children is directed to file proof of service of a subpoena upon the clerk of the Family 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 (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 attorney for the children, 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 attorney for the children. The attorney for the children is directed to provide copies of said transcripts to all of the other parties to the appeal, when the attorney for the children serves a brief upon those parties; and it is further,

ORDERED that attorney for the children shall serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the attorney for the children of the transcripts of the minutes of the proceedings in the Family Court, and the attorney for the children shall notify this Court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this order, the attorney for the children shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

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.