Matter of Seoane v Nunez
Motion No: 2019-03782
Slip Opinion No: 2019 NY Slip Op 69591(U)
Decided on May 6, 2019
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M262477

V/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-03782

In the Matter of Fernando Seoane, petitioner-

respondent, v Martha Nunez, et al., respondents-

appellants, et al., respondent.

(Docket Nos. V-13206-15, V-19966-11/14A,

V-19966-11/14B, V-19966-11/14C, V-29341-08/14A

ORDER ON CERTIFICATION
Assignment of Counsel





)

Appeal by Martha Nunez, and separate appeal by Juan Nunez, from an order of the Family Court, Kings County, dated March 25, 2019. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Matthew J. Kazansky, dated April 26, 2019, it is

ORDERED that the appellant Martha Nunez is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:

Elliot Green

32 Court Street, Suite 404

Brooklyn, New York 11201

718-260-8668

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Martha Nunez at the address provided by this Court, and on or before May 20, 2019, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) Martha Nunez is interested in prosecuting the appeal, or

(2) Martha Nunez is not interested in prosecuting the appeal, or that he has been unable to contact her, 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 appellants, 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); 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 counsel for Martha Nunez, 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 counsel for Martha Nunez. Counsel for Martha Nunez 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 brief of Martha Nunez upon those parties; and it is further,

ORDERED that counsel for Martha Nunez shall prosecute her appeal 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 Martha Nunez is interested in proceeding with the appeal, counsel for Martha Nunez is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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.