Appellate Division: Second Judicial Department

M61442

T/sl

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2007-08090 Mark A. Meakem, respondent, v Johanna L. Meakem, appellant. (Index No. 24496-04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 18, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant, inter alia, to stay enforcement of stated portions of a judgment of the Supreme Court, Suffolk County, dated August 24, 2007, pending hearing and determination of an appeal therefrom, for leave to prosecute the appeal as a poor person, and to unseal the file, including the forensic report and transcripts of proceedings, to allow the appellant's appellate counsel to review and make copies of that material.

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 for leave to prosecute the appeal as a poor person is granted, the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties and the Law Guardian, if any, who are directed to file nine copies of their respective briefs and to serve one copy on each other (see 22 NYCRR 670.9[d][1][ii]; Family Court Act § 1116); and it is further,

ORDERED that the filing fee is waived; and it is further,

ORDERED that the stenographer shall make and certify two transcripts of the in camera proceedings, if not yet transcribed; the transcripts shall be filed with the clerk of the Supreme Court, under seal, and the clerk of the Supreme Court shall forward those transcripts to the Clerk of this court, under seal; and it is further,

ORDERED that the branch of the motion which is to unseal the file is granted to the extent that the appellant's appellate counsel is entitled to review the forensic report under the same conditions as were imposed upon the appellant's trial counsel, and that branch of the motion is otherwise denied; 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 Supreme Court, and the clerk of the Supreme 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 Supreme Court and one transcript shall be delivered to the assigned counsel. 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 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 appellant's counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that the motion is otherwise denied.

SPOLZINO, J.P., KRAUSMAN, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court