| Matter of Bala-GboGbo v Vien |
| Motion No: 2019-08583 |
| Slip Opinion No: 2019 NY Slip Op 83487(U) |
| Decided on November 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. |
Appellate Division: Second Judicial Department
M266886
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
COLLEEN D. DUFFY
LINDA CHRISTOPHER, JJ.
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2019-08583, 2019-08584, 2019-11834 In the Matter of Sarah Bala-GboGbo, appellant, v John B. Vien, respondent. (Proceeding No. 1)
In the Matter of John B. Vien, respondent, v Sarah Bala-GboGbo, appellant. (Proceeding No. 2) (Docket Nos. O-19692-18, O-19332-18)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve counsel assigned to prosecute appeals from two orders of the Family Court, Queens County, both dated June 28, 2019, and for leave to proceed pro se. Motion by assigned counsel for the appellant to be relieved. By order on certification of this Court dated August 1, 2019, the appellant was granted leave to prosecute the appeal as a poor person and the following attorney was assigned as counsel for the appellant on the appeals:
Lauri Gennusa
155-03 Jamaica Avenue
Jamaica, New York 11432
516-641-9999
Upon the papers filed in support of the motion by the appellant pro se and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of assigned counsel's motion and the papers filed in response thereto, it is
ORDERED that on the Court's own motion, the appeals from the orders dated June 28, 2019, under Appellate Division Docket Nos. 2019-08583 and 2019-08584 are consolidated with an appeal from an order of the Family Court, Queens County, also dated June 28, 2019, under Appellate Division Docket Nos. 2019-11834; and it is further,
ORDERED that the motions are granted, and counsel is relieved of the assignment and is directed to return any papers in her possession concerning this proceeding to the appellant; 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 parties. 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 the appellant, Sarah Bala-GboGbo, c/o Spine Network Inc., 6409 Tyler Ave, #3, Woodside, NY 11377, 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 appellant. The appellant is directed to provide copies of said transcripts to all of the other parties to the appeals, when the appellant serves a brief upon those parties; and it is further,
ORDERED that the appellant 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 the appellant is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
MASTRO, J.P., LEVENTHAL, DUFFY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court