Daphne M. v. Wanda J. (In re Sexton)

Full title: In the Matter of Caleesta L. Sexton, An Application for The Guardianship…

Court: Supreme Court of the State of New York Appellate Division, First Judicial Department

Date published: Jun 24, 2021

2021 N.Y. Slip Op. 68142 (N.Y. App. Div. 2021)

Opinion

Motion No. 2021-01716

06-24-2021

In the Matter of Caleesta L. Sexton, An Application for The Guardianship and Custody of a Child Pursuant to Article 6 of the Family Court Act. Daphne M., Petitioner-Respondent, v. Wanda J. (Deceased) , Respondent, Donald E. S. III, Respondent-Appellant.

Susanna Molina Rojas Clerk of the Court

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Dianne T. Renwick Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick, Justices. Confidential
Case No. 2021-01771
Docket No. G-3284-21

Respondent-appellant 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 May 04, 2021, for the 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 the certification of Monica S. Eskin, Esq., dated May 17, 2021, 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 Section 1120 of the Family Court Act, Steven P. Forbes, Esq., 223 Wall Street, Suite 143, Huntington, New York, 11743, Telephone No. (718) 791-8444, 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 therefor¹within 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; and (4) directing appellant 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. Assigned counsel is directed to immediately serve a copy of this order upon the Clerk of the Family Court. The Clerk of the Family Court shall transfer the record upon receipt of this order. ENTERED: June 24, 2021

1 Service of appellant's brief upon respondent(s) shall include assigned counsel's copy of the transcript.

/s/

Susanna Molina Rojas

Clerk of the Court