Opinion
Motion No: M-6935
10-10-2019
In the Matter of Yumara T., Yulinda T., Yasmin T., and Yaheem T., Children Under 18 Years of Age Alleged Docket Nos. NA-11789/17 to be Abused and/or Neglected Under NA-11790/17 Article 10 of the Family Court Act.NA-11787/17 NA-11788/17 Administration for Children's Services, Petitioner-Respondent, v. Raymond K., Respondent-Appellant.
Janet E. Sabel, Esq., The Legal Aid Society, Attorney for the Children.
CONFIDENTIAL
Janet E. Sabel, Esq., The Legal Aid Society, Attorney for the Children.
An order of this Court having been entered on June 20, 2019 (M-2579), inter alia, granting respondent-appellant's motion for leave to prosecute, as a poor person, the appeal taken from the Decision after Fact Finding Hearing of the Family Court, Bronx County, entered on or about June 19, 2018, and assigning, pursuant to Article 18b of the County Law and §1120 of the Family Court Act, Lewis S. Calderon, Esq., as counsel therefor, And respondent-appellant having moved for an order amending the notice of appeal and the aforementioned order of assignment to include the Order of Disposition, same Court, entered on or about April 23, 2019, for leave to prosecute said 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 the certification of Beatrice Mayol, Esq., dated August 14, 2019, and due deliberation having been had thereon, it is Ordered that the motion is granted to the extent of (1) amending respondent-appellant's notice of appeal and the order of assignment to include the Order of Disposition entered on or about April 23, 2019; (2) assigning, pursuant to Article 18b of the County Law and §1120 of the Family Court Act, Lewis S. Calderon, Esq., 155-03 Jamaica Avenue, Jamaica, NY 11432, Telephone No. 718-883-1560, as counsel for purposes of prosecuting the appeal from the orders; (3) 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; (4) 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 (5) 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.
Service of appellant’s brief upon respondent(s) shall include assigned counsel’s copy of the transcript. --------
ENTERED: October 10, 2019
__________ CLERK
Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices
M-6935