Opinion
Motion No: M-4853
12-06-2018
In the Matter of the Commitment of the Guardianship of the Person and Custody of Michael Allen M., CONFIDENTIAL also known as Michael M., Jr., also known as Michael M., Docket No. B-46551/16 A Dependant Child Under 18 Years of Age, Pursuant to §384-b(4)(b) and (d) of the Social Services Law of the State of New York. MercyFirst, et al., Petitioners-Respondents, v. Michael Moseley, Respondent-Appellant.
Dawne A. Mitchell, Esq., Legal Aid Society, Juvenile Rights Division, Attorney for the Child.
Dawne A. Mitchell, Esq., Legal Aid Society, Juvenile Rights Division, Attorney for the Child.
Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the Family Court, New York County, entered on or about May 3, 2018, and for assignment of counsel, a free copy of the transcript, and for related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and §1120 of the Family Court Act, John R. Eyerman, Esq., 225 Broadway, Suite 1800, New York, New York 10007, Telephone No. 212-921-0069, as counsel for purposes of prosecuting the appeal; (2) directing the Clerk of said Family Court to have transcribed the minutes of the proceedings held therein, for inclusion in the record on appeal, the cost thereof to be charged against the City of New York from funds available therefor within 30 days (FCA 1121[7]) of service of a copy of this order upon the Clerk; (3) permitting appellant to dispense with any fee for the transfer of the record from the Family Court to this Court. The Clerk of the Family Court shall transfer the record upon receipt of this order; and (4) appellant is directed to perfect this appeal, in compliance with Section 1250.9 of the Practice Rules of the Appellate Division, within 180 days of receipt of the transcripts. Assigned counsel is directed to immediately serve a copy of this order upon the Clerk of the Family Court.
ENTERED: December 6, 2018
_____________________ CLERK
Present: Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices
M-4853