Motion List released on: October 9, 2019
By Balkin, J.P.; Cohen, Miller and Duffy, JJ. MATTER of Ricardo T. (Anonymous), Jr. Orange County Department of Social Services, petitioner-res, Ricardo T. (Anonymous), Sr., res-res — Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Orange County, both dated July 9, 2019, 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 on the Court’s own motion, the appeals are consolidated; and it is further, ORDERED that the motion is granted; 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 parties who are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e][1], 1250.9[a][4],[c][1],[d],[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’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 appeals, including the attorney for the child, 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 appeals: Geoffrey E. Chanin 4 Hampton Road Goshen, NY 10924 845-551-9255 and it is further, ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any 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 appeals are taken. BALKIN, J.P., COHEN, MILLER and DUFFY, JJ., concur. MATTER of Ricardo T. (Anonymous), Jr. Orange County Department of Social Services, petitioner-res, Ricardo T. (Anonymous), Sr., res-res — Appeals by Ricardo T., Sr. from two orders of the Family Court, Orange County, both dated July 9, 2019. By decision and order on motion of this Court decided herewith, the appellant is being granted leave to prosecute the appeals as a poor person and assigned counsel to prosecute the appeals. Pursuant to §670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), it is ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further, ORDERED that within 30 days after the date of this , the 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 the Family Court proceedings to be transcribed for the appeals; or (2) if there are such minutes, an affidavit or affirmation stating 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 assigned counsel served a copy of the decision and order on motion of this Court granting poor person relief to appellant and assigning counsel upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or (4) an affidavit or an affirmation withdrawing the appeals; 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 , the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
