Appellate Division: Second Judicial Department

M49248

E/sl

HOWARD MILLER, J.P.

STEVEN W. FISHER

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2006-08521 In the Matter of Dawn A. Smith, respondent, v Scott J. Bonvincino, appellant. (Docket No. V-08173/03)

DECISION & ORDER ON MOTION

Appeal by Scott J. Bonvincino from an order of the Family Court, Suffolk County, dated August 10, 2006. By order to show cause dated December 7, 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 the scheduling order dated September 26, 2006. Motion by the appellant for leave to prosecute the appeal as a poor person.

Upon the order to show cause and the papers filed in response thereto, and the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the order to show cause to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the appellant's motion which is for leave to prosecute the appeals on the original papers is denied as unnecessary (see Family Ct Act § 1116); and it is further,

ORDERED that the branches of the appellant's motion which are for free transcripts and to waive the filing fee are granted; 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. The appellant's 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 the appellant's counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

MILLER, J.P., FISHER, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court