Opinion
Motion No: M-5554A
10-30-2018
In the Matter of a Proceeding for Custody/Visitation Under Article 6 of the Family Court Act. CONFIDENTIAL Kahlisha J., Petitioner-Appellant, Docket Nos. V-18120-12/16B v. V-18120-12/16C Eddie R., Jr., Respondent-Respondent.
Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal from an order of the Family Court, Bronx County, entered on or about September 6, 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 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, Leslie S. Lowenstein, Esq., 567 Sunset Drive, Woodmere, NY 11598, Telephone No. 516-374-1962, 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 appellantto 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. On the Court's own motion, it is further ordered that pursuant to §1120 of the Family Court Act, Randall Carmel, Esq., 53 Jackson Avenue, Syosset, NY 11791, Telephone No. 516-921-6800, is assigned as counsel for respondent-respondent for purposes of responding to the appeal from the September 6, 2017 order, and respondent-respondent is permitted to respond to the appeal upon a reproduced respondent's brief. The order of this Court entered on December 7, 2017 (M-5554) is hereby recalled and vacated.
ENTERED: October 30, 2018
_____________________ CLERK
The following orders were entered and filed on October 30, 2018:
Present - Hon. Rolando T. Acosta,Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick, Peter Tom, Justices
M-5554A