Appellate Division: Second Judicial Department

M258535

E/htr

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-09954 In the Matter of Nzinga Bascombe, respondent, v Donavan Wallace, appellant. (Docket No. V-30796-16)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated December 18, 2018, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal by Donavan Wallace from an order of the Family Court, Kings County, dated August 6, 2018. By order on certification of this Court dated September 10, 2018, the following named attorney was assigned to prosecute the appeal:

Austin I. Idehen

89-31 161st Street, Suite 810

Jamaica, New York 11432

On the Court's own motion, it is

ORDERED that counsel assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in the matter to new counsel herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel to prosecute the appeal:

Leighton M. Jackson

174 W. 4th Street, #259

New York, NY 10014

646-290-7857

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 January 3, 2019, 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 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; 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 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 upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

ENTER:

Aprilanne Agostino

Clerk of the Court