Opinion
Motion No: M-15
05-28-2019
In the Matter of a Paternity Proceeding Under Article 5 of the Family Court Act. - - - - - - - - - - - - CONFIDENTIAL Reginald C., Petitioner-Appellant, Docket No. F-5260-07/17C v. Lisa H., Respondent-Respondent.
Petitioner-appellant, pro se, having moved for leave to prosecute, as a poor person, the appeal taken from an order of the Family Court, Bronx County, entered on or about July 10, 2018, which dismissed his petition seeking to vacate the order of filiation of the same court entered on or about March 6, 2007, 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 said motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of permitting the appeal to be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the attorney for respondent and files an original, five hard copies and, if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. The Clerk of the Family Court is directed to have transcribed the minutes of the relevant proceedings, 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 of service of a copy of this order upon the Clerk. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. Appellant is directed to immediately subpoena the record from the Family Court and to serve a copy of this order upon the Clerk of the Family Court. The motion, to the extent that it seeks assignment of counsel, is denied. On the Court's own motion, petitioner's time to perfect the appeal, which is deemed one taken from an October 2, 2018 order of the same Court, which denied petitioner's objections to the Support Magistrate's order, is enlarged to the October 2019 Term.
ENTERED: May 28, 2019
_____________________ CLERK
PRESENT: Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Troy K. Webber Cynthia S. Kern, Justices
M-15