Appellate Division: Second Judicial Department

M298024

AFA

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

LOURDES M. VENTURA

LAURENCE L. LOVE, JJ.

2024-00495 In the Matter of Darren Berehowsky, respondent-appellant, v Daisy Cook, appellant-respondent. (Proceeding No. 1) In the Matter of Daisy Cook, appellant-respondent, v Darren Berehowsky, respondent-appellant. (Proceeding No. 2) (Docket Nos.V-8352-2019, V-11128-2015/2019B, V-8853-2019, V-11128-2015/2021C )

DECISION & ORDER ON MOTION

Appeal by Daisy Cook and cross-appeal by Darren Berehowsky from an order of the Family Court, Nassau County, dated December 18, 2023. Motion by the appellant-respondent pro se for leave to prosecute her appeal as a poor person and for the assignment of 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 motion is granted; and it is further,

ORDERED that the appeal by the appellant-respondent 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-respondent'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 appeal and cross-appeal, including the attorney for the child, if any, when counsel serves the appellant-respondent's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal by the appellant-respondent Daisy Cook:

Gail Jacobs

10 St. George Road

Great Neck, NY 11021

516-773-3107

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal by the appellant-respondent Daisy Cook 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 appeal and cross-appeal are taken.

BRATHWAITE NELSON, J.P., WOOTEN, VENTURA and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court