Appellate Division: Second Judicial Department

M299940

JV/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2024-09732 In the Matter of Victoria Andrew, respondent, v Charene Reyes, et al., appellants. (Docket No. V-9910-2017)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Charene Reyes and separate appeal by Malcolm Andrews from an order of the Family Court, Kings County, dated August 23, 2024. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Etta Ibok, dated September 19, 2024, it is

ORDERED that the appellant Malcolm Andrews is granted leave to proceed as a poor person on his appeal, and the following named attorney is assigned as counsel to prosecute his appeal:

Cheryl Charles-Duval

44 Court Street, Suite 909

Brooklyn, NY 11201

718522-7472

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant Malcolm Andrews at the address provided by this Court, and on or before November 1, 2024, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either

(1) the appellant Malcolm Andrews is interested in prosecuting his appeal, or

(2) the appellant Malcolm Andrews is not interested in prosecuting his appeal, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment;

and it is further,

ORDERED that the appeal of Malcolm Andrews 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 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 children, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the assigned counsel shall prosecute the appeal of Malcolm Andrews 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 appellant Malcolm Andrews is interested in proceeding with his 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. Vazquez. Please contact her at [email protected] or 718-722-6488 with any questions.