Appellate Division: Second Judicial Department

M268898

kbp/

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2019-11126 Cecilia Brandel, respondent, v William Brandel, appellant. (Index No. 2974/15)

DECISION & ORDER ON MOTION

Appeal by William Brandel from a judgment of the Supreme Court, Orange County, dated July 9, 2019. By order to show cause dated November 18, 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 October 2, 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 to prosecute the appeal as a poor person and for the assignment of counsel.

Now, upon the order to show cause and no papers having been 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

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

ORDERED that the appellant's motion is granted to the extent that, pursuant to Judiciary Law § 35, the appellant is granted leave to proceed as a poor person on the appeal with respect to issues of custody and visitation, and the following named attorney is assigned as counsel to prosecute the appeal with respect to issues of custody and visitation:

Anne Letterio

397A Fishkill Avenue

Beacon, NY 12508

845-765-8881

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. 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 1250.9[a][4],[c][1],[d],[e]); additionally, assigned counsel is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of 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 (22 NYCRR 671.9), with respect to issues of custody and visitation; in the case of stenographers, both transcripts shall be filed with the clerk of the Supreme Court, and the clerk of the Supreme Court shall furnish one of such certified transcripts to the appellant's assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Supreme 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 assigned counsel serves a brief upon those parties; and it is further,

ORDERED that assigned counsel shall prosecute the appeal with respect to custody and visitation 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.

BALKIN, J.P., COHEN, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court