Appellate Division: Second Judicial Department

M289952

E/afa

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

JANICE A. TAYLOR, JJ.

2022-00087 In the Matter of Manuel Deleon Cuellar, appellant, v Margarita Perez-Martinez, respondent. (Docket No. V-2608-2018)

DECISION & ORDER ON MOTION

Appeal by Manuel Deleon Cuellar from an order of the Family Court, Suffolk County, dated December 7, 2021. The appellant filed a brief on June 1, 2022, the attorney for the child filed a brief on September 2, 2022, and the respondent, Margarita Perez-Martinez, failed to timely file a brief in response thereto.

Now, on the Court's own motion,

MARGARITA PEREZ-MARTINEZ IS HEREBY ADVISED

A. that she has the right to the assistance of counsel on the appeal;

B. that if she is financially unable to retain counsel she may make an application to this Court for the assignment of counsel, and, upon proof of such financial inability, one will be appointed for her;

C. that she has the right to forego the assistance of counsel and to respond to the appeal pro se; and

D. that unless within 60 days from the date of service of this decision and order on motion the respondent, Margarita Perez-Martinez, either responds to the appeal pro se or by retained counsel, or moves for the appointment of counsel to represent her, she shall be deemed to have waived her right to counsel on the appeal and it shall be heard and determined on the briefs of the appellant and the attorney for the child alone;

and it is further,

ORDERED that the appellant and the respondent's former counsel, Austin McGee Manghan III, are directed to serve a copy of this decision and order on motion, together with copies of the briefs of the appellant and the attorney for the child upon the respondent, Margarita Perez-Martinez by one of the methods specified pursuant to CPLR 2103(b); and it is further,

ORDERED that the appellant and the respondent's former counsel, Austin McGee Manghan III, shall file proof of such service with the Clerk of this Court within 20 days of the date hereof, via email at [email protected]; and it is further,

ORDERED that the time of the respondent, Margarita Perez-Martinez, to respond to the appeal pro se or by retained counsel, or to move for the assignment of counsel, is extended until 60 days after the date of service upon her of a copy of this decision and order on motion together with copies of the briefs of the appellant and the attorney for the child, and in the event that she fails to so respond to the appeal, or to move for the assignment of counsel within that time, or fails to move for an enlargement of time to respond to the appeal, the respondent, Margarita Perez-Martinez, shall be deemed to have waived her right to counsel, and the appeal shall be considered and determined only on the briefs of the appellant and the attorney for the child, and the original record.

IANNACCI, J.P., MALTESE, VOUTSINAS and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court