Opinion
Motion No. 2022-02378 Case No. 2022-02538 Docket Nos. B-3285-21 B-3286-21
07-19-2022
In the Matter of the Application of Rising Ground, Petitioner, For the Guardianship and Custody of Bishop Zion W., Massiah Z. M., also known as Massiah W., also known as Messiah M., also known as Messiah W., Dependent children under the age of Eighteen Years Pursuant to the Provisions of Section §384-b of the Social Services Law of the State of New York. Nikita W., Respondent-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Rolando T. Acosta, Presiding Justice, Dianne T. Renwick Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick, Justices.
Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal taken to this Court from two orders and judgments (each one paper) of the Family Court, Bronx County, entered on or about May 24, 2022, 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 Joseph Santo, Esq., dated June 10, 2022, 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, Carol Kahn, Esq., P.O. Box 1592, New York, New York, 10028, Telephone No. 212-744-7365, 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.