Appellate Division: Second Judicial Department

M54159

E/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

STEPHEN G. CRANE

MARK C. DILLON, JJ.

2007-03402 In the Matter of Alexis R. (Anonymous). Elliot Green, nonparty-appellant, Administration for Children's Services, respondent. (Docket No. B-8414-02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated April 13, 2007, to stay the subject child's discharge from foster care and to stay the subject child's discharge from Woodhull Hospital, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal as a poor person.

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

ORDERED that the branch of the motion which is to stay the subject child's discharge from foster care and to stay the subject child's discharge from Woodhull Hospital is denied without prejudice to seeking relief in the Supreme Court pursuant to MHL article 81; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person 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's counsel. 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 the appellant's brief is served upon those parties; 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 NYCRR 670.4[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.

PRUDENTI, P.J., MILLER, CRANE and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court