Kimberli V. v. Helena U.

Full title: In the Matter of KIMBERLI V., Appellant-Respondent, v. HELENA U.…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Nov 7, 2018

2018 N.Y. Slip Op. 88126 (N.Y. App. Div. 2018)

Opinion

Motion No: 527308

11-07-2018

In the Matter of KIMBERLI V., Appellant-Respondent, v. HELENA U., Appellant-Respondent, et al., Respondent. (And Another Related Proceeding.)

Garry, P.J., Lynch, Clark and Rumsey, JJ., concur.

DECISION AND ORDER ON MOTION

Application for permission to proceed as a poor person on appeal and for assignment of counsel by HELENA U.

Upon the papers filed in support of the application, and no papers having been filed in opposition thereto, and upon consideration of the recommendation of the Warren County Plan, it is

ORDERED that the application is granted and Kelly Egan, Esq., Appeals Director, Rural Law Center of New York, 1528 Columbia Turnpike, Castleton, NY 12033, is assigned to represent appellant-respondent upon this appeal pursuant to Family Court Act § 1120, and it is further

ORDERED that the appeal shall be perfected by the appendix method in accordance with section 1250.5 (c) of the Practice Rules of the Appellate Division and, in addition to the requirements of 1250.9 (a) (2) of the Practice Rules of the Appellate Division, counsel is directed to file with the Clerk of this Court, with proof of service of a copy upon each party, one hard copy of the record on appeal, which has been stipulated to pursuant to CPLR 5532, certified pursuant to CPLR 2105 after providing 20 days' notice to the parties, or settled by the court from which the appeal is taken, and it is further

ORDERED that pursuant to CPLR 1102, the Clerk of the Family Court of Warren County is directed to furnish two copies of the transcripts of the stenographic minutes of all proceedings in the matter: one to appellant's counsel along with a copy of any other paper or document on file in that office except those which appellate counsel or the court from which the appeal is taken determines are not material and relevant to this appeal, and the second copy of said transcripts to the Clerk of this Court, and the transcripts shall be omitted from the hard copy of the record, and it is further

ORDERED that if the appeal is not perfected within 60 days of the date of this decision and order, appellate counsel shall make an application on notice for a further extension of time to perfect the appeal.

Garry, P.J., Lynch, Clark and Rumsey, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court