Opinion
Motion No: M-4341
09-28-2017
In the Matter of the Application for the Custody and Guardianship of Montrell Amere D., also known as Montrell D., A Child Under 18 Years of Age Pursuant to §384-b of the Social Services Law of the State of New York. v. Sheltering Arms Children and Family CONFIDENTIAL Services, et al., Petitioners-Respondents,Docket No. B-407/16 Miguel Angel D., Jr., also known as Miguel A. D., Jr., also known as Miguel D., Respondent-Appellant.
Seymour W. James, Jr., Esq., The Legal Aid Society, Juvenile Rights Division, Attorney for the Child.
Seymour W. James, Jr., Esq., The Legal Aid Society, Juvenile Rights Division, Attorney for the Child.
Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal from an Order of Findings of Fact, Conclusions of Law and Final Order of Disposition of the Family Court, Bronx County, entered on or about July 24, 2017, 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, sua sponte, the notice of appeal from the order entered on or about July 24, 2017, is deemed timely filed, and it is further, Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and §1120 of the Family Court Act, Larry S. Bachner, P.C., C/O Bachner & Associates, P.C., 39 Broadway, Suite #1610, New York, NY 10006, Telephone No. 917-674-9516, 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) appellant is directed to perfect this appeal, in compliance with Rule 600.11 of the Rules of this Court, within 60 days of receipt of the transcripts. Assigned counsel is directed to immediately serve a copy of this order upon the Clerk of the Family Court.
ENTERED: September 28, 2017
_____________________ CLERK
Present - Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr., Dianne T. Renwick, Justices
M-4341