Appellate Division: Second Judicial Department

M279299

E/sl

COLLEEN D. DUFFY, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2019-00894 Michael G. Valva, respondent, v Justyna Valva, appellant. (Index No. 203503/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated November 14, 2018. Motion by the appellant pro se, inter alia, for poor person relief and assignment of counsel, and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are for poor person relief and the assignment of counsel are granted to the extent that poor person relief and the assignment of counsel are granted with respect to the appeal from so much of the order as concerns issues of custody and visitation; and it is further,

ORDERED that pursuant to Judiciary Law § 35, the following named attorney is assigned as counsel to prosecute the appeal with respect to issues of custody and visitation:

Glenn Gucciardo

256 Main Street, Suite 206

Northport, NY 11768

631-262-6911

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; 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 children, if any, when assigned counsel serves a brief upon those parties; 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 Supreme Court, Kings County; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and the time to perfect the appeal, by the appellant's assigned counsel as to issues of custody and visitation and by the appellant pro se as to any remaining issues, is extended until November 22, 2021; and it is further,

ORDERED that the motion is otherwise denied.

DUFFY, J.P., BARROS, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court