Appellate Division: Second Judicial Department

M72932

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2008-04556 In the Matter of Leavon Marvin B. (Anonymous), a/k/a Leavon B. (Anonymous), a/k/a Leavon W. (Anonymous), appellant. SCO Family of Services, petitioner-respondent; Pauline B. (Anonymous), respondent; Leavon M. (Anonymous), etc., appellant. (Docket No. B-28114/05)

DECISION & ORDER ON MOTION

Motion by Mindy L. Blatt, Esq., counsel assigned to represent the appellant by the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated April 28, 2008, for poor person relief, to stay enforcement of the order pending hearing and determination of the appeal, and to stay the finalization of the adoption of the subject child. Cross motion by the petitioner-respondent to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party.

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

ORDERED that the branches of the motion which are to relieve Mindy L. Blatt, Esq., for the assignment of new counsel to prosecute the appeal, and for poor person relief are granted; and it is further,

ORDERED that Mindy L. Blatt, Esq., is directed to turn over all papers in the action to the new counsel herein assigned; 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 petitioner-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 (see 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, except for those minutes previously transcribed and certified (22 NYCRR 671.9); 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:

Richard Cardinal, Esq.

26 Court Street, Suite 600

Brooklyn, New York 11242

(718) 624-9391

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal 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 appeal is taken; and it is further,

ORDERED that the cross motion is denied without prejudice to the petitioner-respondent raising the issue in its brief.

DILLON, J.P., ANGIOLILLO, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court