Opinion
Motion No. 2023-00959 No. 2023-01025 Docket Nos. V-06961-19 V-01338-19
04-06-2023
In the Matter of a Custody/Visitation Proceeding v. Deshauna S., Respondent-Respondent. Daniel B., Petitioner-Appellant,
Anna Schissel, Esq., Lawyers for Children, Attorney for the Child.
Unpublished Opinion
MOTION DECISION
Anna Schissel, Esq., Lawyers for Children, Attorney for the Child.
Present - Hon. Dianne T. Renwick, Acting Presiding Justice, Sallie Manzanet-Daniels, Barbara R. Kapnick, Troy K. Webber, Cynthia S. Kern, Justices.
Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal taken to this Court from an order of the Family Court, New York County, entered on or about February 09, 2023, for the 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 Elliot Podhorzer, Esq., dated February 21, 2023, 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 Section 1120 of the Family Court Act, Daniel Lubetsky, Esq., 155-03 Jamaica Avenue, Jamaica, New York, 11432, Telephone No. 347-886-7759, 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; and (4) directing appellant to perfect this appeal, 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. The Clerk of the Family Court shall transfer the record upon receipt of this order.
Service of appellant's brief upon respondent(s) shall include assigned counsel's copy of the transcript.