Opinion
Motion No: M-1392
05-30-2019
In the Matter of a Support Proceeding Under Article 4 of the Family Court Act. CONFIDENTIAL Donnell C. S., Petitioner-Appellant,Docket No. F-3614-02/17K v. Commissioner of Social Services, on behalf of Amy A., Respondent-Respondent.
Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the Family Court, New York County, entered on or about January 30, 2018, 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 (1) permitting appellant to prosecute the appeal on the original record and reproduced brief, (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; and (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. Appellant is directed 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. Appellant is directed to immediately serve a copy of this order upon the Clerk of the Family Court. The motion, to the extent it seeks the assignment of counsel, is denied.
Service of appellant’s brief upon respondent(s) shall include assigned counsel’s copy of the transcript. --------
Present - Hon. Dianne T. Renwick,Justice Presiding, Judith J. Gische Troy K. Webber Anil C. Singh,Justices
M-1392