Opinion
Motion No: M-2476
06-18-2019
In the Matter of a Family Offense Proceeding Under Article 8 of the Family Court Act, CONFIDENTIAL Sheila N., Docket No. O-12530-17 Petitioner-Respondent, v. Rudy N., Respondent-Appellant.
Respondent-appellant having moved for a stay of all proceedings, including enforcement of the order of protection entered on or about April 15, 2019, pending hearing and determination of the appeal taken from an order of the Family Court, New York County, entered on or about April 15, 2019, and for leave to prosecute the aforesaid appeal as a poor person, 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 branch of the motion seeking a stay is denied, and It is further ordered that that branch of the motion seeking poor person relief is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and §1120 of the Family Court Act, Steven P. Forbes, Esq., 155-03 Jamaica Avenue, Jamaica, New York 11432, Telephone No. 718-791-8444, 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) directing appellant to perfect this appeal, in compliance with Section 1250.9 of the Practice Rules of the Appellate Division, within 60 days of filing of the transcripts. Assigned counsel is directed to immediately serve a copy of this order upon the Clerk of the Family Court.
ENTERED: June 18, 2019
__________ CLERK
Present: Hon. Dianne T. Renwick,Justice Presiding, Sallie Manzanet-Daniels Troy K. Webber Jeffrey K. Oing, Justices
M-2476