Appellate Division: Second Judicial Department

M299143

KL/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2024-06044 In the Matter of Clifton C. (Anonymous), petitioner-respondent-appellant, v Tory P. R. (Anonymous), respondent- respondent; Jayia R. (Anonymous), nonparty-appellant-respondent. (Docket No. V-11508-2023)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Jayia R., and cross-appeal by Clifton C. from an order of the Family Court, Suffolk County, dated June 24, 2024. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Steven J. Homayoon, July 15, 2024, it is

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

Salvatore C. Adamo

1345 Avenue of the Americas, 2nd Floor

New York, N.Y. 10105

(212) 964-7983

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the respondent-appellant Clifton C. at the address provided by this Court, and on or before October 4, 2024, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either

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

(2) the respondent-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 appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties 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 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 to the appeals, including the attorney for the child, if any, when counsel serves the respondent-appellant's 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 respondent-appellant Clifton C. 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 appeals are taken.

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

ENTER:

Darrell M. Joseph

Clerk of the Court

The Case Manager assigned to this case is Ms. Landaverde. Please contact her at [email protected] or 718-722-6487 with any questions.