Opinion
Motion No: M-78
05-16-2019
In the Matter of Anais G., CONFIDENTIAL A Child Under 18 Years of Age Alleged to be Neglected/Abused UnderDocket No. NA-34148/16 Article 10 of the Family Court Act. B-04223/18 Administration for Children's Services, Petitioner-Respondent, v. Lionell M., Respondent-Appellant.
Respondent-appellant having moved for leave to prosecute, as a poor person, the appeal taken from orders of the Family Court, New York County, entered on or about November 2, 2018 and December 10, 2019, and for 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 Kao Pin Lew, Esq., dated January 2, 2019,and due deliberation having been had thereon, it is Ordered that, sua sponte, the premature notice of appeal dated January 2, 2019 is deemed a valid notice of appeal from the orders of the Family Court, New York County, entered on or about January 18, 2019, and it is further,Ordered that the motion is granted to the extent of (1) assigning, pursuant to Article 18b of the County Law and §1120 of the Family Court Act, Andrew J. Baer, Esq., 299 Broadway, Suite 1415, New York, NY 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. The Clerk of the Family Court shall transfer the record upon receipt of this order; and (4) appellant is directed 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.
ENTERED: May 16, 2019
_____________________ DEPUTY CLERK
Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Judith J. Gische Troy K. Webber Marcy L. Kahn Peter H. Moulton,Justices
M-78