From Casetext: Smarter Legal Research

In re Rising Ground

Supreme Court of New York, First Department
Mar 23, 2023
2023 N.Y. Slip Op. 63819 (N.Y. App. Div. 2023)

Opinion

Motion No. 2023-00747 Case No. 2023-00798 Docket No. B-11108/20

03-23-2023

In the Matter of the Application of Rising Ground, Petitioner-Respondent, For the Guardianship and Custody of Rey Ramon J. L., also known as Rey L.,A Dependent Child Under the Age of 18 Years, Pursuant to the Provisions of Section §384-b of the Social Services Law of the State of New York. Yesenia D. L., also known as Yesenia L., Respondent-Appellant.

Patricia Moreno, Esq., Attorney for the Subject Child.


Unpublished Opinion

MOTION DECISION

Patricia Moreno, Esq., Attorney for the Subject Child.

Present - Hon. Dianne T. Renwick, Sallie Manzanet-Daniels Barbara R. Kapnick Troy K. Webber Cynthia S. Kern, Acting Presiding Justice, Justices.

Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal taken to this Court from a Findings of Fact, Conclusions of Law, and Order of Commitment of the Family Court, Bronx County, entered on or about January 13, 2023, 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 Aleza Ross, Esq., dated February 09, 2023, 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, Andrew J. Baer, Esq., 299 Broadway, Suite 1700, New York, New York, 10007, Telephone No. 212-233-0318, 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; 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.

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


Summaries of

In re Rising Ground

Supreme Court of New York, First Department
Mar 23, 2023
2023 N.Y. Slip Op. 63819 (N.Y. App. Div. 2023)
Case details for

In re Rising Ground

Case Details

Full title:In the Matter of the Application of Rising Ground, Petitioner-Respondent…

Court:Supreme Court of New York, First Department

Date published: Mar 23, 2023

Citations

2023 N.Y. Slip Op. 63819 (N.Y. App. Div. 2023)