Jacobs v. Young

Full title: In the Matter of Ethan Jacobs, appellant, v. Stephanie Young, respondent.

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

Date published: Jun 8, 2012

2012 N.Y. Slip Op. 75716 (N.Y. App. Div. 2012)

Opinion

Motion No: 2011-07940 Docket No. V-37482-07 V-37549-08 M138550

06-08-2012

In the Matter of Ethan Jacobs, appellant, v. Stephanie Young, respondent.

PETER B. SKELOS

, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated August 10, 2011, inter alia, to disqualify the attorney for the child on the appeal and in the Family Court, to assign a new attorney for the child, in effect, for leave to prosecute the appeal on the original papers and to waive the filing fee, for the assignment of counsel, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to disqualify the attorney for the child in the Family Court is denied without prejudice to making a motion for the same relief in the Family Court, Kings County; and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to prosecute the appeal on the original papers is denied as unnecessary, and 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 branches of the motion which are, in effect, to waive the filing fee and for the assignment of counsel are granted, and pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Cheryl Charles-Duval, Esq.
and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until August 7, 2012; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., DICKERSON, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court