Appellate Division: Second Judicial Department

M44975

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

FRED T. SANTUCCI

DANIEL F. LUCIANO, JJ.

2006-08357, 2006-08359 In the Matter of Rovenia G. Matos, petitioner, v Lesley P. Anthony, respondent; Leslie Spitz, Law Guardian, appellant. (Proceeding No. 1) (Docket No. G-11042/04) In the Matter of Lesley P. Anthony, petitioner-respondent, v Rovenia G. Matos, respondent; Leslie Spitz, Law Guardian, appellant. (Proceeding No. 2) (Docket No. V-11229/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 21, 2006, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant to stay enforcement of two orders of the Family Court, Kings County, dated August 29, 2006, pending hearing and determination of appeals therefrom, and, in effect, to be assigned as Law Guardian on the appeal and for free transcripts.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of the orders is granted and enforcement of the orders dated August 29, 2006, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before November 20, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 20, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is be assigned as Law Guardian on the appeal is denied as unnecessary as the Law Guardian's representation continues on the appeal (see Family Ct Act §§ 249[a]; 1120); 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 Law Guardian and the respondent. 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 Law Guardian; 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 Law Guardian. The Law Guardian is directed to provide copies of said transcripts to all of the other parties to the appeal, when counsel serves the appellant's brief upon those parties; and it is further,

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

MILLER, J.P., CRANE, SANTUCCI and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court