Appellate Division: Second Judicial Department

M285665

AFA/

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2020-09613, 2020-09614 In the Matter of Miltonne Marie Paul, respondent, v Wilkens Thelusma, appellant. (Docket No. F-22358-2013)

DECISION & ORDER ON MOTION

Appeals from two orders of the Family Court, Suffolk County, dated November 24, 2020, and November 30, 2020, respectively. Renewed 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 the papers having been filed in opposition thereto, it is

ORDERED that the motion for poor person relief and the assignment of counsel is granted with respect to the points of argument on the appeal from the order dated November 30, 2020; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal from the order dated November 30, 2020:

Salvatore C. Adamo

1345 Avenue of the Americas, 2nd Fl.

New York, NY 10105

212-964-7983and 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, 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 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 assigned 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 assigned 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; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., MALTESE, FORD and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court