Opinion
Motion No: M-4706A
03-30-2017
In the Matter of the Guardianship of the Persons and Custody of CONFIDENTIAL Antonio James L., Romeo Jayce L., and Zoey Jolie L., Docket Nos. B-33763/15 B-33764/15 Dependent Children Under the Age ofB-33765/15 18 Years Pursuant to §384-b of the Social Services Law. Edwin Gould Services for Children and Families, et al., Petitioners-Respondents, v. Eric David L., Respondent-Appellant, Emily L., Respondent-Appellant. Seymour W. James, Jr., Esq., Docket Nos. V-34893/15 The Legal Aid Society, V-34892/15 Juvenile Rights Division,V-32293/16 Attorney for the Children. In the Matter of a Custody/Visitation Proceeding Under Article 6 of the Family Court Act. Ashley and Christopher J., Petitioners-Respondents, v. Eric David L. and Emily L., Respondents-Appellants.
Respondent-appellant father, Eric David L., having moved for leave to prosecute, as a poor person, the appeal taken from the orders of the Family Court, New York County, entered on or about June 10, 2016, and for assignment of counsel, a free copy of the transcript, and for related relief (M-4705), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is Ordered that the motions are granted to the extent of (l) assigning, pursuant to Article 18b of the County Law and §1120 of the Family Court Act, Thomas R. Villecco, Esq., 366 North Broadway, Suite #410, Jericho, New York 11753, Telephone No. (516) 942-4221, as counsel for purposes of prosecuting the father's appeal and responding to the mother's appeal (See M-3565A); (2) directing the Clerk of said Family Court to have transcribed the minutes of the proceedings held therein, for inclusion in the record(s) on appeal, the cost thereof to be charged against the City of New York from funds available therefor; within 30 days (FCS 1121[7]) of service of a copy of this order upon the Clerk; (3) permitting appellants to dispense with any fee for the transfer of the record(s) from the Family Court to this Court. The Clerk of the Family Court shall transfer the record(s) upon receipt of this order; and (4) appellants are directed to perfect their appeals, in compliance with Rule 600.11 of the Rules of this Court, within 60 days of the receipt of the transcripts. Assigned counsel is directed to immediately serve a copy of this order upon the Clerk of the Family Court. The order of this Court entered on November 22, 2016 (M-4705/M-4706) is recalled and vacated.
ENTERED: March 28, 2017
_____________________ CLERK
PRESENT: Hon. John W. Sweeny, Jr.,Justice Presiding, Rosalyn H. Richter Karla Moskowitz Paul G. Feinman Judith J. Gische,Justices.
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-------------------------------------X An appeal having been taken from a judgment of the Supreme Court, Bronx County, rendered on or about September 25, 2015, and said appeal having been perfected and submitted (Appeal No. 3501 [March 2, 2017]), And retained counsel having moved to be relieved as such counsel, 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 motion is granted to the extent of striking the designation of counsel, Adam Bevelacqua, Esq., as counsel to prosecute defendant's appeal, and substituting, pursuant to Section 722 of the County Law, Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, 28th Floor, New York, New York 10005, Telephone No. 212-577-2523 as such counsel. Final determination of the appeal is held in abeyance for 30 days, pending further motion practice by newly assigned counsel, if so advised. The order of this Court entered on March 23, 2017 (M-1193) is recalled and vacated.
ENTERED: March 28, 2017
_____________________ CLERK
PRESENT: Hon. Karla Moskowitz, Justice Presiding, Paul G. Feinman Judith J. Gische Barbara R. Kapnick Ellen Gesmer, Justices.
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In the Matter of Antonio James L., Romeo Jayce L., and Zoey Jolie L., M-3565A
Docket Nos. B-33763-5/15 Dependent Children Under 18 Years V-34892-3/15
of Age Pursuant to §384-b of the SocialV-32293/16 Services Law of the State of New York.
The Administration for Children's Services, and the Center for Family
Representation, Inc., Petitioners-Respondents,
v
Emily L., Respondent-Appellant, Antonio James L., Respondent-Appellant.
Seymour W. James, Jr., Esq., The Legal Aid Society, Juvenile Rights Division, Attorney for the Children.
----------------------------------------X Respondent-appellant mother having moved for leave to prosecute, as a poor person, an appeal from three orders of the Family Court, New York County, all entered on or about June 10, 2016, 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 motion is granted to the extent of (l) assigning, pursuant to Article 18b of the County Law and §1120 of the Family Court Act, Neal D. Futerfas, Esq., 50 Main Street, Suite 1000, White Plains, NY 10606, Telephone No. (914- 552-6076 as counsel for purposes of prosecuting the appeal and responding to the father's appeal (See M-4705A/M-4706A); (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 (FCS 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 the receipt of the transcripts. Assigned counsel is directed to immediately serve a copy of this order upon the Clerk of the Family Court. The order of this Court entered on September 27, 2016 (M-3565) is recalled and vacated.
ENTERED: March 28, 2017
_____________________ CLERK
The following orders were entered and filed on March 28, 2017:
PRESENT: Hon. Peter Tom, Justice Presiding, David Friedman John W. Sweeny, Jr. Rolando T. Acosta Angela M. Mazzarelli, Justices
M-4706A
M-4705A
Ind. No. 1224/12