Appellate Division: Second Judicial Department

M273051

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2019-07672, 2019-07674 In the Matter of Michael D. Fitzsimmons, appellant, v Cheryl Fitzsimmons, respondent. (Docket Nos. O-18507-2017, V-14103-2016/2017B, V-14104-2016/2017B, V-14103-2016/2019C, V-14104-2016/2019C)

DECISION & ORDER ON MOTION

Appeals by Michael D. Fitzsimmons from two orders of the Family Court, Suffolk County, both dated June 10, 2019. By order to show cause dated July 14, 2020, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with a scheduling order dated March 4, 2020, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Renewed motion by the appellant pro se for leave to prosecute the appeals as a poor person and for the assignment of counsel.

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 the papers filed in relation thereto, it is

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

ORDERED that the appellant's motion is granted; 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 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 appeals, 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 appeals:

Del Atwell

39 5th Street

East Hampton, NY 11937

631-267-2067

and it is further,

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

RIVERA, J.P., DILLON, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court