Serv. Law of Statev.Saint Dominic's Family Servs. (In re Matthew J.)

Appellate Division of the Supreme Court of the State of New YorkJun 11, 2019
2019 N.Y. Slip Op. 72311 (N.Y. App. Div. 2019)

Motion No: M-2278


In the Matter of Shilloh Matthew J., also known as Shilloh M. J., also known as Shilloh J., also known as Shailloh J., and Khalil Timothy J., also known as Khalil T. J., also known as Khalil J., and Cobey Rymel R., also known as Cobey R. R., also known as Cobey R., also known as Cobey J., CONFIDENTIAL Children Under 18 Years of AgeDocket Nos. B-59/15 Pursuant to §384(b) and (d) of the Social B-60/15 Services Law of the State of New York.B-61/15 v. Saint Dominic's Family Services, et al., Petitioners-Respondents, Dwayne R., Respondent-Appellant.

Janet E. Sabel, Esq., The Legal Aid Society, Attorney for the Children.

Janet E. Sabel, Esq., The Legal Aid Society, Attorney for the Children.

Respondent-appellant, Dwayne R., having moved for leave to prosecute, as a poor person, the appeal taken from an order of the Family Court, Bronx County, entered on or about January 17, 2019, 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 the certification of Elizabeth Posse, Esq., dated April 22, 2019, 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, George E. Reed, Jr., Esq., 222 Mamaroneck Avenue, White Plains, New York, 10605, Telephone No. 914-946-5000, as counsel for purposes of prosecuting the appeals; (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 the appeals, in compliance with Section 1250.9 of the Practice Rules of the Appellate Division, within 60 days of the filing of the transcripts. Assigned counsel is directed to immediately serve a copy of this order upon the Clerk of the Family Court.

Service of appellant’s brief upon respondent(s) shall include assigned counsel’s copy of the transcript. --------

ENTERED: June 11, 2019

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices