Motion List released on: May 3, 2019
By Balkin, J.P.; Hinds-Radix, Maltese and Brathwaite Nelson, JJ.MATTER of Richard Werner, res, v. Roni Werner, ap — Motion by the appellant, inter alia, to stay enforcement of so much of an order of the Family Court, Suffolk County, dated February 25, 2019, as relieved Legal Aid Society of Suffolk County as assigned counsel for the appellant and assigned new counsel, pending hearing and determination of an appeal from the order, and for poor person relief and the .Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that on the Court’s own motion, the notice of appeal is treated as an application for leave to appeal from so much of the order dated February 25, 2019, as relieved Legal Aid Society of Suffolk County as assigned counsel for the appellant and assigned new counsel, and leave to appeal from that portion of the order is granted (see Family Ct Act §1112); and it is further,ORDERED that the branch of the motion which is to stay enforcement of so much of the order as relieved assigned counsel for the appellant and assigned new counsel is granted, and enforcement of that portion of the order is stayed and the willfulness confirmation hearing is stayed, pending hearing and determination of the appeal; and it is further,ORDERED that the branches of the motion which are for poor person relief and the are 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 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 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 appeal, 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 appeal:Legal Aid Society of Suffolk County320 Carleton Avenue, Ste 2400Central Islip, NY 11722631-630-3333and it is further,ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any or orders issued pursuant to 670.3(b) 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 upon the clerk of the court from which the appeal is taken; and it is further,ORDERED that the motion is otherwise denied.BALKIN, J.P., HINDS-RADIX, MALTESE and BRATHWAITE NELSON, JJ., concur.
