Matter of Gomez v Martinez
Motion No: 2019-03805
Slip Opinion No: 2019 NY Slip Op 71888(U)
Decided on June 5, 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

M263208

V/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-03805, 2018-03806

In the Matter of Michael Gomez, petitioner-

respondent, v Ilea Martinez, respondent-

appellant; Jaymian G. (Anonymous),

appellant-respondent.

(Docket Nos. V-933-08, V-24766-07)

ORDER ON CERTIFICATION
Assignment of Counsel

Appeals by Jaymian G., and cross appeals by Ilea Martinez, from two orders of the Family Court, Queens County, dated March 7, 2019, and March 8, 2019, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Lance Dandridge, dated May 19, 2019, it is

ORDERED that the respondent-appellant is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals:

Jeffrey C. Bluth

175 West 12th Street, Apt. 9J

New York, New York 10011

347-792-4542

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the respondent-appellant at the address provided by this Court, and on or before June 19, 2019, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

(1) the respondent-appellant is interested in prosecuting the appeals, or

(2) the respondent-appellant is not interested in prosecuting the appeals, or that he has been unable to contact the respondent-appellant, 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 appellant-respondent, the respondent-appellant, and the respondent. 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 copy on each other (22 NYCRR 670.9[d][1][ii]; 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 respondent-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 assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeals 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 respondent-appellant is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are 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.