Appellate Division: Second Judicial Department

M290014

JV/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2023-04829, 2023-04830 In the Matter of Kevin Parsons, appellant-respondent v Ieisha Thompson, respondent; Aria B. T. (Anonym nonparty respondent-appellant. (Docket Nos. V-4988-2021, V-4988-2021/2022A, V-4988-2021/2022B, V-4988-2021/2022C)

ORDER ON CERTIFICATION , Assignment of Counsel ous),

Appeals by Kevin Parsons and cross-appeals by Aria B. T. from two orders of the Family Court, Queens County, both dated April 28, 2023. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Seidia Roach Bernard, dated May 24, 2023, it is

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

Peter A. Wilner

155-03 Jamaica Avenue

Jamaica, NY 11432

917-733-5932and it is further,

ORDERED that the cross-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 (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 attorney for the appellant, 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 attorney for the respondent-appellant. The attorney for the respondent-appellant is directed to provide copies of said transcripts to all of the other parties to the appeals, when the attorney for the respondent-appellant serves a brief upon those parties; and it is further,

ORDERED that attorney for the respondent-appellant shall serve a copy of this order upon the clerk of the court from which the appeals and cross-appeals were taken; and it is further,

ORDERED that the cross-appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the attorney for the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the attorney for the respondent-appellant shall notify this Court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this order, the attorney for the respodnent-appellant shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the cross-appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the cross-appeals were taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the cross-appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3) or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeals and cross-appeals to show cause why the cross-appeals should or should not be dismissed.

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.