Opinion
Motion No: M-4259
12-06-2018
In the Matter of a Proceeding for Custody/Visitation Under Article 6 of the Family Court Act. CONFIDENTIAL Dawn S., Petitioner-Respondent, Docket Nos. V-510-13 V-510-13/15A v V-510-13/16B V-19184-13/16A Michael L. Y., V-32171-13/16A Respondent-Appellant. In the Matter of a Proceeding for Custody/Visitation Under Article 6 of the Family Court Act. Michael L. Y.,CONFIDENTIAL Petitioner-Respondent, Docket Nos. V-19184-13 V-32171-13 v. Dawn S., Respondent-Appellant.
Carmen Restivo, Esq., Attorney for the Children.
Carmen Restivo, Esq., Attorney for the Children.
Respondent-appellant/petitioner-respondent father, Michael L. Y., having moved for leave to prosecute, as a poor person, an appeal taken from an order of the Family Court, New York County, entered on or about May 24, 2018, and for assignment of counsel, a free copy of the transcript, and for related relief, and for leave to respond to the appeal taken by petitioner-respondent/ respondent-appellant mother, Dawn S., from the same order,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 (1) assigning, pursuant to §1120 of the Family Court Act, Helene Bernstein, Esq., 44 Court Street, Suite 905, Brooklyn, New York 11201, Telephone No. 718-875-8705, as counsel for purposes of prosecuting the appeal taken by respondent-appellant father, Michael L. Y., and responding to the appeal taken by respondent-appellant mother, Dawn S.; (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 respondent-appellant father 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) respondent-appellant father is directed to perfect this appeal, in compliance with Section 1250.9 of the Practice Rules of the Appellate Division, within 180 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: December 6, 2018
_____________________ CLERK
Present: Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter,Justices
M-4259