Appellate Division: Second Judicial Department

M281000

E/mb

COLLEEN D. DUFFY, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

LINDA CHRISTOPHER, JJ.

2020-07869, 2020-07871, 2020-09190, 2020-09191 Joseph S. Cunningham, respondent, v Paula S. Cunningham, appellant. (Index No. 200292/2020)

DECISION & ORDER ON MOTION

Appeals from four orders of the Supreme Court, Nassau County, two dated September 23, 2020, September 25, 2020, respectively, and two entered August 17, 2020. Motion by the appellant pro se for leave to prosecute the appeals 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 the appellant is granted poor person relief and the assignment of counsel with respect to issues of custody, and the motion is otherwise denied; and it is further,

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

Thomas T. Keating

39A Cedar Street

Dobbs Ferry, NY 10522

914-437-7023

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; 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 of any hearing held with respect to issues of custody concerning the orders dated September 23, 2020, and September 25, 2020, and the orders entered August 17, 2020, 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; 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, Nassau County.

DUFFY, J.P., CHAMBERS, ROMAN and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court