Appellate Division: Second Judicial Department

M260891

E/mm

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2018-13255 In the Matter of Anthony V. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Justyna Z.-V. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Andrew V. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Justyna Z.-V. (Anonymous), respondent-appellant. (Proceeding No. 2) In the Matter of Thomas V. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Justyna Z.-V. (Anonymous), respondent-appellant. (Proceeding No. 3) (Docket Nos. N-0767-18, N-0768-18, N-0769-19)

ORDER TO SHOW CAUSE

Motion by the appellant pro se, inter alia, for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated October 15, 2018, as a poor person, for the assignment of counsel, and, in effect, to extend the time to comply with a scheduling order of this Court dated November 28, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are granted; 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 children, 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); 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 appellant's 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 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 counsel serves the appellant's brief upon those parties; and it is further,

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

Glenn Gucciardo

256 Main Street, Suite 206

Northport, NY 11768

631-262-6911

and it is further,

ORDERED that 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; and it is further,

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings on the ground that the appeal has been rendered academic as the order dated October 15, 2018 expired by its terms on November 13, 2018, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before April 2, 2019; and it is further,

ORDERED that the branch of the motion which is in effect, to extend the time to comply with the scheduling order dated November 28, 2018, is held in abeyance in the interim; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.

RIVERA, J.P., COHEN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court