Appellate Division: Second Judicial Department

M69983

E/sl

ROBERT A. LIFSON, J.P.

HOWARD MILLER

MARK C. DILLON

RANDALL T. ENG, JJ.

2008-03000 In the Matter of Dominic DelVecchio, appellant, v Jacqueline DelVecchio, respondent. (Docket Nos. V-2957/08, V-2958/08, V-2959/08)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, dated March 6, 2008, as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal.

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

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are 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 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; 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 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 §§ 262 and § 1120 and Judiciary Law § 35 the following named attorney is assigned as counsel to prosecute the appeal:

Helene M. Greenberg, Esq.

45 Knollwood Road, 5th Floor

Elmsford, New York 10523

(914) 347-1250

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; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of the court for the issuance of a scheduling order pursuant to 22 NYCRR 670.4(a).

LIFSON, J.P., MILLER, DILLON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court