Appellate Division: Second Judicial Department

M70939

E/sl

ROBERT A. LIFSON, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2008-03940, 2008-03943 In the Matter of Benjamin Perez, respondent, v Grissel M. Sepulveda, appellant. (Docket No. V-17007/01)

DECISION & ORDER ON MOTION

Motion by Grissel M. Sepulveda for leave to appeal to this court from two orders of the Family Court, Queens County, both dated April 15, 2008, to stay enforcement of the orders and reinstate her unsupervised visits with the subject child pending hearing and determination of the appeals, for leave to prosecute the appeals as a poor person, and for the assignment of Linda Braunsberg as counsel to prosecute the appeals.

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 denied as unnecessary as the orders are appealable as of right (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the orders and to reinstate the appellant's unsupervised visits is denied; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeals as a poor person and for the assignment of Linda Braunsberg as counsel to prosecute the appeals are 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 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'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 appeals, 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:

Linda Braunsberg, Esq.

370 Powell Street

Staten Island, N.Y. 10312

(718) 317-6614

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals 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 appeals are taken.

LIFSON, J.P., COVELLO, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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