Appellate Division: Second Judicial Department

M262125

V/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-04021 In the Matter of Kylik C. (Anonymous), appellant. (Docket No. D-2168-18)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Kylik C. from an order of the Family Court, Richmond County, dated March 12, 2019. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Ainslee Roth, dated April 14, 2019, it is

ORDERED that the following named attorney is assigned as attorney for the appellant on the appeal:

Geanine Towers,

179 Bay Ridge Avenue

Brooklyn, NY 11220

718-759-1000

and it is further,

ORDERED that Ainslee Roth, is directed to turn over all papers in the proceeding to the new attorney for the appellant 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. 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; 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 appellant, 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 appellant. The attorney for the appellant is directed to provide copies of said transcripts to all of the other parties to the appeal, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the attorney for the appellant shall serve a copy of this order on certification 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 within 60 days after the receipt by the attorney for the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the attorney for the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this order on certification; and it is further,

ORDERED that within 30 days after the date of this order on certification, the attorney for the appellant 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 the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has 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 transcript is expected; or

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

ORDERED that if none of the 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 this 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.