Opinion
Motion No: M-6649
03-06-2018
In the Matter of the Commitment of Elijah Kenny G., also known as Elijah K. G., also known as Elijah G., A Child Under 18 Years of Age Pursuant to §384-b of the Social Services Law of the State of New York. CONFIDENTIAL Saint Dominic's Home, et al., Petitioners-Respondents,Docket No. B-34957/14 v. Stephanie S., Respondent-Appellant.
Seymour W. James, Jr., Esq., The Legal Aid Society, Juvenile Rights Division, Attorney for the Child.
Seymour W. James, Jr., Esq., The Legal Aid Society, Juvenile Rights Division, Attorney for the Child.
Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal from two orders of the Family Court, New York County, entered on or about November 13, 2017 and December 5, 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, Richard L. Herzfeld, Esq., 112 Madison Avenue, 8th Floor, New York, NY 10016, Telephone No. 212-818-9019, 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 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 receipt of the transcripts. Assigned counsel is directed to immediately serve a copy of this order upon the Clerk of the Family Court.
ENTERED:
_____________________ CLERK
At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department in the County of New York on March 6, 2018.
Present - Hon. Rolando T. Acosta,Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter,Justices
M-6649