Opinion
2013-05894 Docket No. O-3458-09/11B M158169
06-19-2013
In the Matter of Natalie Francis-Miller, respondent, v. Romeet Miller, appellant.
, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant (1) to stay enforcement of an order of the Family Court, Rockland County, dated May 29, 2013, pending hearing and determination of an appeal therefrom, (2) for leave to prosecute the appeal as a poor person, and (3) for the assignment of counsel. Application by the respondent for leave to travel to South Africa with the subject child "from the end of November 2013 through Christmas 2013."
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 2, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 2, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that on or before September 3, 2013, the respondent and the attorney for the child shall serve and file their respective briefs, if any; and it is further,
ORDERED that on or before September 13, 2013, the appellant shall serve and file a reply brief, if any; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Frederick P. Schneider, Esq.
729 Seventh Avenue, 17th Floor
New York, N.Y. 10019
212-575-7900 (ext. 3287)
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with the foregoing provision and any scheduling order or orders issued pursuant to 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,
ORDERED that the application is denied with leave to renew by motion on or after November 1, 2013, if the appeal is not yet determined.
DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court