Appellate Division: Second Judicial Department

M267717

E/sl

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

VALERIE BRATHWAITE NELSON, JJ.

2019-07089 In the Matter of Virzhiniya Toneva Valentin, appellant, v Luis M. Valentin, respondent. (Docket Nos. V-5706-13/19U, V-9111-13/19U, V-9111-13/19V, V-5706-13/19V)

DECISION & ORDER ON MOTION

Appeal by Virzhiniya Toneva Valentin from an order of the Family Court, Kings County, dated May 20, 2019. By order to show cause dated October 4, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 12, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Motion by the appellant pro se, inter alia, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and for permission to file petitions in the Family Court in accordance with an order of the Family Court, Kings County, dated April 23, 2019.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the appellant's motion which is for permission to file petitions in the Family Court in accordance with the order of the Family Court, Kings County, dated April 23, 2019, is denied without prejudice to seeking relief in the Family Court; and it is further,

ORDERED that the branches of the appellant's motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are granted; and it is further,

ORDERED that the motion is otherwise denied; 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 parties who 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's 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 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Lewis S. Calderon

155-03 Jamaica Avenue

Jamaica, New York 11432

718-883-1560

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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

SCHEINKMAN, P.J., RIVERA, CHAMBERS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court