Appellate Division: Second Judicial Department

M38010

C/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2006-00425 In the Matter of Destiny O. (Anonymous). Suffolk County Department of Social Services, respondents; Bryant M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Bryant M. (Anonymous), petitioner, v Kelly O. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. A-16730-05, V-15499-05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated October 12, 2005, as a poor person, and for leave to proceed pro se.

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

ORDERED that the motion is granted; 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 Law Guardian, 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, 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 appellant. The appellant is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when appellant serves his brief upon those parties; and it is further,

ORDERED that the payment of the filing fee is waived; and it is further,

ORDERED that the appellant shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to 670.4(a) of the rules of this court (22 NYCRR670.4[a]); and it is further,

ORDERED that the appellant is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

CRANE, J.P., GOLDSTEIN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court