Appellate Division: Second Judicial Department

M274177

AFA/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2020-07766, 2020-07767 In the Matter of Maria Martucci, respondent, v Biagio Nerone, appellant. (Docket No. F-4838-2015)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on certification of this Court dated November 2, 2020, and the scheduling order of this Court dated November 6, 2020, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals by Biagio Nerone from two orders of the Family Court, Richmond County, dated September 10, 2020, and October 8, 2020, respectively. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Nina D. Spadafora, dated October 8, 2020, it is

ORDERED that the appellant is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals:

Yasmin Daley Duncan

386 Parkside Avenue

Brooklyn, NY 11226

866-565-3441

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 appellant, the respondent, and the attorney for the child, if any. 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 appellant'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 the appellant's 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 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 the assigned counsel is directed to 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 appeals in the above-entitled proceedings 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 scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling 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 proceedings to be transcribed for the appeals; or

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

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

(4) an affidavit or an affirmation withdrawing the appeals; 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 scheduling order, the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals 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.