Appellate Division: Second Judicial Department

M265032

kbp/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-08480, 2019-08484 In the Matter of Arzu Ackay, respondent-appellant, v Nevzat Ayar, appellant-respondent. (Docket No. O-3005-18)

ORDER ON CERTIFICATION Assignment of Counsel

Appeals by Nevzat Ayar, and cross appeals by Arzu Ackay, from two orders of the Family Court, Kings County, both dated June 24, 2019. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Richard Reyes, dated July 10, 2019, it is

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

Paul W. Matthews

305 Broadway, Suite 801

New York, New York 10007

347-461-0760

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant-respondent at the address provided by this Court, and on or before August 22, 2019, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

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

(2) the appellant-respondent is not interested in prosecuting the appeals, or that he has been unable to contact the appellant-respondent, and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeals and cross 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 attorney for the children, 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 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 (22 NYCRR 671.9); 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 appellant-respondent'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, including the attorney for the children, if any, when counsel serves the appellant-respondent'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 § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,

ORDERED that upon a determination that the appellant-respondent 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 cross 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.