Appellate Division: Second Judicial Department

M263716

ALAN D. SCHEINKMAN, P.J.kbp/

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-06747 In the Matter of Esya Shimunov, et al., appellants, v Mark Davydov, respondent. (Docket No. V-24871-17)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Esya Shimunov and Zalman Shimunov from an order of the Family Court, Queens County, dated May 20, 2019. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Joel Serrano, dated June 5, 2019, it is

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

Lewis S. Calderon

c/o Cabelly & Calderon

155-03 Jamaica Ave.

Jamaica, NY 11432

718-883-1560

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellants at the address provided by this Court, and on or before July 8, 2018, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either

(1) the appellants are interested in prosecuting the appeal, or

(2) the appellants are not interested in prosecuting the appeal, or that he has been unable to contact the appellants, and wishes to be relieved of the assignment;

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 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); additionally, the appellants are directed to file proof of service of a subpoena upon the clerk of the Family Court requiring all documents constituting the record on appeal to be filed in this Court (22 NYCRR 1250.9[a][4][i]); 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 appellants' 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 appellants' 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 child, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the 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 appellants are interested in proceeding with the appeal, the assigned counsel 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.