Appellate Division: Second Judicial Department

M55726

M/mv

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2007-04578 In the Matter of Maribel Nieves, appellant, v Angelo Roldan, et al., respondents. (Docket No. V-03646-06)

DECISION & ORDER ON CERTIFICATION Motion for Poor Person Relief and to Assign New Counsel Family Court

Appeal by Maribel Nieves from an order of the Family Court, Nassau County, dated April 18, 2007. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Judith Ellen Stone, Esq., dated May 24, 2007, it is

ORDERED that the following named attorney is assigned as counsel to prosecute the appeal:

Judith Ellen Stone, Esq.

2819 Harbor Road

Merrick, New York 11566

(516) 623-0897

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 assigned counsel shall serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that 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]).

MILLER, J.P., MASTRO, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.