Appellate Division: Second Judicial Department

M68144

E/nl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-02490, 2008-02491, 2008-02492 In the Matter of Gollavelli Jyothi Krishna, etc., petitioner-respondent, v Ravi Krishna, respondent, Lakshmi Krishna, appellant. (Index Nos. 978/08, 858/08)

DECISION & ORDER ON MOTION

Motion by Lakshmi Krishna for leave to appeal to this court from three orders of the Family Court, Richmond County, dated March 6, 2008, March 7, 2008, and March 11, 2008, respectively, to stay enforcement of the orders pending hearing and determination of the appeals, and for leave to prosecute the appeals 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 thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the orders is granted to the extent that pending hearing and determination of the appeals the mother shall have at least three additional visitations with the child per week, and the matter is remitted to the Family Court, Richmond County, to issue an order providing for such visitation at times to be determined in its discretion, and that branch of the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion, on or before April 16, 2008, the appellant shall perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeals; and it is further,

ORDERED that the petitioner-respondent and the attorney for the child shall serve and file their briefs on or before April 30, 2008, and the briefs of the respondent and the attorney for the child, if any, must be served and filed on or before that date; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before May 7, 2008; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals as a poor person and for the assignment of counsel is granted, the appeals 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 attorney for the child, 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 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. The appellant's counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, 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 appeals:

Christina Brandt-Young, Esq.

450 West 33rd Street

New York, New York 10001

(212) 613-5086

ORDERED that the appellant's counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken; and it is further,

SANTUCCI, J.P., DICKERSON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court