Appellate Division: Second Judicial Department

M279877

AFA/

MARK C. DILLON, J.P.

BETSY BARROS

LINDA CHRISTOPHER

JOSEPH A. ZAYAS, JJ.

2021-00578 Paul G. O'Mahoney, respondent, v Cathy T. O'Mahoney, appellant. (Index No. 715521/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, entered December 21, 2020. Renewed motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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 motion is 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 the motion is otherwise denied; 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; the parties are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other; a self-represented party who is unable to upload a digital copy of a brief, may file one original copy with the Clerk of this Court, by regular mail, with proof of service of one hard copy on the other party (22 NYCRR 670.9[a]); additionally, the appellant's assigned counsel is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); 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 with respect to the issues of custody and visitation, 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 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 appellant's 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 child, if any, when counsel serves the appellant's brief upon those parties; 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 the issues of custody and visitation:

Steven P. Forbes

223 Wall St., Ste. 143

Huntington, NY 11743

718-791-8444

and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal, both as to issues of custody and visitation and as to any remaining issues, is extended up to and including December 29, 2021; 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, Queens County.

DILLON, J.P., BARROS, CHRISTOPHER and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court