Appellate Division: Second Judicial Department

M67295

F/

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2007-11350 In the Matter of Paula Marshall, respondent, v Wallace Davenport, appellant. (Docket No. V-784-07)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County (IDV Part), dated November 8, 2007, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion 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, 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. 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 § 262 and § 1120 and Judiciary Law § 35 the following named attorney is assigned as counsel to prosecute the appeal:

Steven P. Forbes, Esq.

153-01 Jamaica Avenue - Suite 201

Jamaica, New York 11432

(718) 791-8444

and it is further,

ORDERED that the 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]); 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 is taken.

SKELOS, J.P., ANGIOLILLO, McCARTHY, and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court