Appellate Division: Second Judicial Department

M46130

E/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-04972 In the Matter of Angella Bowe, appellant, v Craig Alan Bowe, respondent. (Proceeding No. 1) (Docket No. O-12316/05) 2006-04973 In the Matter of Angella Bowe, appellant, v Craig Alan Bowe, respondent. (Proceeding Nos. 2) (Docket No. V-12652/05) 2006-06536 In the Matter of Craig A. Bowe, respondent, v Angella Bowe, appellant. (Proceeding No. 3) (Docket No. V-12520/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from three orders of the Family Court, Nassau County, dated April 18, 2006, April 24, 2006, and June 21, 2006, respectfully, as a poor person, for the assignment of counsel to prosecute the appeals, and to enlarge the time to perfect the appeals. Cross motion by the respondent to dismiss the appeals on the ground that the notices of appeal were defective, and to dismiss the appeal from the order dated June 21, 2006, on the ground that the order was entered on the stipulation of the parties.

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

ORDERED that the branches of the motion which are for leave to prosecute the appeals as a poor person and for the assignment of counsel are granted; and it is further,

ORDERED that the appeals 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 appeals:

Ralph Carrieri, Esq.

200 Old Country Road, Suite 620

Mineola, New York 11501

(516) 248-1188

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is referred to the Clerk of this court for issuance of a scheduling order or orders pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeals on the ground that the notices of appeal were defective is denied; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal from the order dated June 21, 2006, on the ground that the order was entered on the stipulation of the parties is denied without prejudice to raising the issue in the respondent's brief.

PRUDENTI, P.J., SCHMIDT, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court