Appellate Division: Second Judicial Department

M41814

S/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2006-03605 In the Matter of Norbert Erlec, appellant, v Margaret Johnson, respondent. (Docket No. V-18840-05)

DECISION & ORDER ON MOTION

Appeal by Norbert Erlec from an order of the Family Court, Queens County, dated April 7, 2006. By order to show cause dated June 5, 2006, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated April 21, 2006. Motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion for poor person relief and the assignment of counsel 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's counsel, 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 assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Dawn Shammas, Esq.

89-31 161st Street - Suite 605

Jamaica, New York 11432

(917) 609-2975

and it is further,

ORDERED that the assigned counsel 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 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the July 27, 2006 Clerk of the court from which the appeal is taken.

SCHMIDT, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court