Appellate Division: Second Judicial Department

M270964

kbp/

ALAN D. SCHEINKMAN, P.J.

WILLIAM A. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2020-02784 In the Matter of Richard Lopez, petitioner-appellant, v Griceley Reyes, respondent; Emely L. (Anonymous et al., nonparty-appellants. (Docket Nos. V-720-14, V-721-14)

ORDER ON CERTIFICATION Assignment of Counsel ),

Appeal by Richard Lopez, and separate appeal by Emely L. and Kaylee L., from an order of the Family Court, Orange County, dated February 27, 2020. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Jodi Appel-Kaplan, dated May 18, 2020, it is

ORDERED that the following named attorney is assigned as the attorney for the nonparty-appellants:

Theoni Stamos-Salotto

2345 Route 52, Suite 2I

Hopewell Junction, NY 12533

845-519-4273

and it is further,

ORDERED that Jodi Appel-Kaplan is directed to turn over all papers in the proceeding to the new attorney for the nonparty-appellants herein assigned; 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 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 (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 nonparty-appellants' 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 assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties, when assigned counsel serves a brief upon those parties; and it is further,

ORDERED that assigned counsel shall serve a copy of this order upon the clerk of the court from which the appeals are taken; and it is further,

ORDERED that the appeal by the nonparty-appellants in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this order; and it is further,

ORDERED that within 30 days after the date of this order, the assigned counsel shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal by the nonparty-appellants; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this order, the Clerk of this Court shall issue an order to all parties to show cause why the appeal by the nonparty-appellants should or should not be dismissed.

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. Landaverde. Please contact her at [email protected] or 718-722-6487 with any questions.