Appellate Division: Second Judicial Department

M269178

kbp/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2020-00431, 2020-00548 In the Matter of Joann Marino, appellant-respondent, v Francesca Sanfilippo, respondent-appellant, et al., respondents. (Docket Nos. V-18922-16, V-9901-18)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Joann Marino from an order of the Family Court, Queens County, dated December 20, 2019, cross appeal by Francesca Sanfilippo from that order, and appeal by Francesca Sanfilippo from an order of the same court also dated December 20, 2019. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Harriet Gewirtz, dated December 28, 2019, it is

ORDERED that Joann Marino is granted leave to proceed as a poor person on her appeal, and the following named attorney is assigned as counsel for Joann Marino on her appeal:

Elliot Green

32 Court Street, Suite 404

Brooklyn, NY 11201

718-260-8668

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact Joann Marino at the address provided by this Court, and on or before February 19, 2020, shall notify the Case Manager, in writing, that counsel has done so and that either

(1) Joann Marino is interested in prosecuting her appeal, or

(2) Joann Marino is not interested in prosecuting her appeal, or that counsel has been unable to contact Joann Marino, and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeals and cross 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 1250.5[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 Joann Marino'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 Joann Marino's assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties when counsel serves Joann Marino's brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeal by Joann Marino 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 Joann Marino is interested in proceeding with her appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the Family Court, Queens County.

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.