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Darlene H. v. Abdus R. (In re Family Offense Proceeding under Article 8 of Family Court Act)

Supreme Court of the State of New York Appellate Division, First Judicial Department
May 20, 2021
2021 N.Y. Slip Op. 66330 (N.Y. App. Div. 2021)

Opinion

Motion No. 2021-01494

05-20-2021

In the Matter of a Family Offense Proceeding under Article 8 of the Family Court Act. Darlene H., Petitioner-Respondent, v. Abdus R., Respondent-Appellant.

Deborah Gould, Esq., Children's Law Center, Attorney for the Child.


Present - Hon. Rolando T. Acosta, Presiding Justice, Dianne T. Renwick Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick, Justices. Case No. 2021-01139
Docket No. O-00525-19

CONFIDENTIAL

Deborah Gould, Esq., Children's Law
Center, Attorney for the Child.

Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal taken from the Order of Protection on Default and the Order of Fact-Finding and Disposition on Default of the Family Court, Bronx County, both entered on or about March 08, 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 Ethan J. Steward, Esq., dated March 31, 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, Thomas Villecco, Esq., 366 North Broadway, Suite 410, Jericho, New York, 11753, Telephone No. 516-942-4221, 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 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; 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. (See M-2021-01495 and M-2021-01496, dated May 20, 2021, decided simultaneously herewith.) ENTERED: May 20, 2021

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


Summaries of

Darlene H. v. Abdus R. (In re Family Offense Proceeding under Article 8 of Family Court Act)

Supreme Court of the State of New York Appellate Division, First Judicial Department
May 20, 2021
2021 N.Y. Slip Op. 66330 (N.Y. App. Div. 2021)
Case details for

Darlene H. v. Abdus R. (In re Family Offense Proceeding under Article 8 of Family Court Act)

Case Details

Full title:In the Matter of a Family Offense Proceeding under Article 8 of the Family…

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

Date published: May 20, 2021

Citations

2021 N.Y. Slip Op. 66330 (N.Y. App. Div. 2021)