Appellate Division: Second Judicial Department

M284741

JV/sl

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2022-06741 In the Matter of Shaun R. Swaby, appellant-responde v Asha Cummings, respondent-appellant. (Docket Nos. O-3282-2019, V-446-2016/2019F, V-446-2016/2019G, V-446-2016/2019H, V-446-2016/2019I)

ORDER ON CERTIFICATION nt, Assignment of Counsel

Appeal by Shaun R. Swaby, and cross appeal by Asha Cummings, from an order of the Family Court, Rockland County, dated July 11, 2022. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Veronica J. Young, dated August 5, 2022, it is

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

John R. Lewis

36 Hemlock Drive

Sleepy Hollow, NY 10591

914-332-8629

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the respondent-appellant at the address provided by this Court, and on or before September 23, 2022, shall notify the Case Manager assigned to the cross appeal, in writing, that he has done so and that either

(1) the respondent-appellant is interested in prosecuting the cross appeal, or

(2) the appellant is not interested in prosecuting the cross appeal, or that he has been unable to contact the respondent-appellant, and wishes to be relieved of the assignment; and it is further,

ORDERED that the appeal and cross appeal 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 (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 cross 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 assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties, including the attorney for the child, if any, when assigned counsel serves a brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the cross appeal 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 upon a determination that the cross appellant is interested in proceeding with the cross appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal and cross appeal are taken.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at [email protected] or 718-722-6488 with any questions.