Motion List released on:May 24, 2018By Leventhal, J.P.; Barros, Nelson and Iannacci, JJ.MATTER of Louis H. Saunders, Jr., ap, v. Latoy Scott, res — (Proceeding No. 1)MATTER of Latoy Scott, res, v. Louis Saunders, ap — (Proceeding No. 2) V-1316-17, V-1317-17) — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Queens County, dated February 26, 2018, 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 isORDERED that the motion is granted; and it is further,ORDERED that the appeal 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 children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; 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 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, including the attorney for the children, if any, when counsel serves the appellant’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:Mark DiamondBox 287356Yorkville StationNew York, New York 10128917-660-8758and it is further,ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any or orders issued pursuant to 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); 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 is taken; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, the assigned counsel 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 the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that this decision and order on motion has been s`erved upon the clerk of the court from which the appeal is taken, the date thereof and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.
MATTER of Jeffery Scot Sult, appellant v. Rachel Ellen Sult, res — Appeal by Jeffery Scot Sult from an order of the Family Court, Nassau County, dated November 20, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file her brief on the appeal is enlarged until June 25, 2018.MATTER of Quaiza S. P. (Anonymous), Westchester County Department of Social Services, petitioner-res, Sean S., res-res — MATTER of Disneey C. (Anonymous). Westchester County Department of Social Services, petitioner-res, Sean S., res-res — Appeal by Sean S. from an order of the Family Court, Westchester, County, dated November 2, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until June 22, 2018.MATTER of Donna Pitkanen, res, v. Ryan Huscher, ap — Appeal by Ryan Huscher from an order of the Family Court, Suffolk County, dated August 25, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until July 16, 2018.MATTER of Quadir C. B. (Anonymous). SCO Family of Services, petitioner-res, Emmanuel D. (Anonymous), res-res — Appeal by Emmanuel D. from an order of the Family Court, Kings County, dated February 10, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on May 17, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this order, the briefs for the petitioner-respondent and the attorney for the child in the above-entitled appeal shall be served and filed.MATTER of Timothy B. Inniss, ap, v. Monique S. Morris, res — Appeal by Timothy B. Inniss from an order of the Family Court, Nassau County, dated January 16, 2018. By dated April 12, 2018, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the :(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there were such minutes, an affidavit or affirmation stating that the transcript was received, and indicating the date that it was received; or(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof, and the date by which the transcript was expected; or(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or(5) an affidavit or an affirmation withdrawing the appeal.The appellant has failed to comply with the . Pursuant to §670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]), it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the dated April 12, 2018, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before June 14, 2018; and it is further,ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.MATTER of Oliver A. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant; Oguis A.-D. (Anonymous), respondent- res — (Proceeding No. 1)MATTER of Walgely A. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant; Oguis A.-D. (Anonymous), respondent- res — (Proceeding No. 2) — Appeal by Suffolk County Department of Social Services from an order of the Family Court, Suffolk County, dated October 13, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on May 10, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this order, the briefs for the respondent and the attorney for the children in the above-entitled appeal shall be served and filed.MATTER of Margoth Raigosa, ap, v. Stelios Zafirakopoulos, res — Appeal by Margoth Raigosa from an order of the Family Court, Queens County, dated January 11, 2018. The appellant’s brief was filed in the office of the Clerk of this Court on May 7, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this order, the brief for the respondent in the above-entitled appeal shall be served and filed.By Leventhal, J.P.; Barros, Nelson and Iannacci, JJ.Deutsche Bank National Trust Company, etc., res, v. Verna Ezeji, ap, et al., def — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated April 26, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the appellant’s time to perfect the appeal is enlarged until June 22, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.
