Appellate Division: Second Judicial Department

M57848

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2005-05754, 2007-05777 In the Matter of Ayodele Ademoli J. (Anonymous). Catholic Home Bureau for Dependent Children, respondent; Elizabeth O. (Anonymous), appellant. (Docket No. B-02687/01)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance an appeal from an order of the Family Court, Queens County, dated May 18, 2005, and to calendar that appeal together with an appeal from an order of the same court dated June 5, 2007, and for leave to prosecute the appeal from the order dated June 5, 2007, as a poor person and for the assignment of counsel to prosecute that appeal.

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

ORDERED that the branch of the motion which is to hold the appeal from the order dated May 18, 2005, in abeyance and to calendar it with the appeal from the order dated June 5, 2007, is denied; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal from the order dated June 5, 2007, as a poor person and for the assignment of counsel to prosecute that appeal are granted; and it is further,

ORDERED that the appeal from the order dated June 5, 2007, 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, 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 appeal from the order dated June 5, 2007:

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal from the order dated June 5, 2007, 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal from the order dated June 5, 2007, is taken.

RIVERA, J.P., SPOLZINO, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court