Appellate Division: Second Judicial Department

M64144

E/sl

STEVEN P. FISHER, J.P.

ROBERT A. LIFSON

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-11243 In the Matter of Amber Gold J. (Anonymous). Administration for Children's Services, respondent; Vanessa J. (Anonymous), et al., appellants. (Docket No. N-15465/07)

DECISION & ORDER ON MOTION

Motion by the appellant Marvin J. to direct the respondent return the subject child to the appellant's care, pending hearing and determination of appeals from an order of the Family Court, Queens County, dated November 29, 2007, for leave to prosecute his appeal as a poor person and for the assignment of counsel.

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

ORDERED that the branch of the motion which is to direct the respondent to return the subject child to the appellant's care 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 and for the assignment of counsel is granted; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellants, 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 counsel for Marvin J., 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 counsel for Marvin J. Counsel for Marvin J. is directed to provide copies of said transcripts to all of the other parties, including the Law Guardian, if any, when counsel for Marvin J. serves a brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for Marvin J. to prosecute his appeal:

N. Lee Elmore, Esq.

610-10 Jamaica Avenue - Suite 610

Jamaica, New York 11432

(917) 698-3463

and it is further,

ORDERED that the counsel for Marvin J. shall prosecute his 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 are counsel for Marvin J. is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

FISHER, J.P., LIFSON, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court