Appellate Division: Second Judicial Department

M262961

E/mm

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-02592, 2019-04791, 2019-04792 In the Matter of Catherine A. Clarke, respondent, v Morgan L. Clarke, appellant. (Docket No. F-2412-16/18C)

DECISION & ORDER ON MOTION Assignment of Counsel

Appeals by Morgan L. Clarke from three orders of the Family Court, Nassau County, one dated February 11, 2019, and two dated April 3, 2019. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Lee R. Samowitz, dated March 27, 2019, by order on certification of this Court dated April 5, 2019, the appellant was granted leave to proceed as a poor person on the appeal from the order dated February 11, 2019, and the following named attorney was assigned as counsel to prosecute that appeal:

Ralph Carrieri

200 Old Country Road Suite 620

Mineola, NY 11501

516-248-1188

On the Court's own motion, it is

ORDERED that the appeals are consolidated, and pursuant to Family Court Act §§ 1118 and 1120, the appellant is granted leave to proceed as a poor person on the appeals from the orders dated April 3, 2019, and counsel assigned to prosecute the appeal from the order dated February 11, 2019, is also assigned to prosecute the appeals from the orders dated April 3, 2019; 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 appeals are taken, and it is further,

ORDERED that the scheduling order of this Court dated May 17, 2019, is recalled and vacated; and it is further,

ORDERED that the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 decision and order on motion; and it is further,

ORDERED that within 30 days after the date of this decision and order on motion, the assigned counsel 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 proceedings to be transcribed for the appeals; or

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated April 5, 2019, and this decision and order on motion have been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeals; 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 decision and order on motion, the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

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

ENTER:

Aprilanne Agostino

Clerk of the Court