Appellate Division: Second Judicial Department

M68135

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-01285 In the Matter of Nancy Clements, appellant, v Alison Clements, respondent. (Docket No. O-4517-07)

DECISION & ORDER ON MOTION Motion for Poor Person Relief Family Court

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Dutchess County, dated November 16, 2007, as a poor person.

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 Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant, 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 appellant. The appellant 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 the appellant serves a brief upon those parties; and it is further,

ORDERED that payment of the filing fee is waived.

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

ENTER:

James Edward Pelzer

Clerk of the Court