Opinion
Motion No. 2023-02647 Case No. 2023-02983 Docket Nos. O-01296-21 O-01627-21
07-20-2023
In the Matter of a Family Offense Proceeding Elvin R. M., Petitioner-Respondent, v. Braulio M., Respondent-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Sallie Manzanet-Daniels Barbara R. Kapnick Troy K. Webber Cynthia S. Kern, Presiding Justice, Justices.
Respondent-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 June 14, 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 D. Philip Schiff, Esq., dated June 14, 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 P. Moskowitz, Esq., 39 Hill Drive, Glen Head, New York, 11545, Telephone No. 718-812-8248, 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.