Appellate Division: Second Judicial Department

M70983

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

HOWARD MILLER

MARK C. DILLON, JJ.

2007-06649, 2008-02349 In the Matter of Alexandr Seleznov, appellant, v Eleonora Pankratova, respondent. In the Matter of Eleonora Pankratova, respondent, v Alexandr Seleznov, appellant. (Docket No. F-32564/06)

DECISION & ORDER ON MOTION

Motion by the appellant for leave prosecute an appeal from an order of the Family Court, Kings County, dated June 5, 2007, as a poor person, for the assignment of counsel, to enlarge the time to perfect that appeal, and to consolidate that appeal with an appeal from an order of the same court dated March 7, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are for leave to prosecute the appeal from the order dated June 5, 2007 (Appellate Division Docket No. 2007-06649), as a poor person and for the assignment of counsel are granted; and it is further,

ORDERED that the appeal from the order dated June 5, 2007, 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 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 appeal from the order dated June 5, 2007:

Helene Bernstein, Esq.

44 Court Street, Suite 905

Brooklyn, New York 11201

(718) 797-1012

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 from the order dated June 5, 2007, is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief is enlarged until July 25, 2008; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

RIVERA, J.P., RITTER, MILLER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court