Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M281928

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

PAUL WOOTEN

JOSEPH A. ZAYAS, JJ.

2021-09051, 2021-09057 In the Matter of Tyrone Sealy, respondent, v Olivia Peart, appellant. (Appeal No. 1) In the Matter of Olivia Peart, appellant, v Tyrone Sealy, respondent. (Appeal No. 2) (Docket Nos. O-1014-2021, O-2116-2021)

DECISION & ORDER ON MOTION

Appeals from two orders of the Family Court, Queens County, both dated October 14, 2021. Motion by the appellant to consolidate the appeals, for leave to prosecute the appeals as a poor person and for the assignment of New York Legal Assistance Corp. as 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 branches of the motion which are to consolidate the appeals and for poor person relief are granted, and the branch of the motion which is for the assignment of New York Legal Assistance Corp. as counsel 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 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, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[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, New York Legal Assistance Group, 7 Hanover Square, 18th Floor, New York, NY 10004, 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 counsel. The appellant's 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 appellant's 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 appellant's 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.

BRATHWAITE NELSON, J.P., CHAMBERS, WOOTEN and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court